CUG203 RD Meyer203 Conditional Use Grant
4202230
REGISTER OF DEEDS
ESHA COUNTY, WI
Document Number Document Title WAUKRECORDED ON
April 21 2016 02:01 PM
James R 6ehrend
Register of Deeds
6 PGS
Please see attached TOTAL FEE: $30.00
TRANS FEE: 0.00
A parcel of land located in the SW % of Section 34, Town 5 North, Book Page -
Range 20 East, City of Muskego, Waukesha County, Wisconsin, 1111111111111111111111Tax Key No. 2165.998.012 IIII�IIIIIIIIII��IIIIII
:cording Area
ime and Return Address:
ity of Muskego
ttn: Planning Department
.O. Box 749
luskego, WI 53150
2165.998.012
Parcel Identification Number (PIN)
This information must be completed by submitter: document title, name & return address, and PIN (if required). Other information such
as the granting clauses, legal description, etc. may be placed on this first page of the document or may be placed on additional pages of the
document. Note: Use of this cover page adds one page to your document and $2.00 to the recording fee. Wisconsin Statutes, 59.517. WRDA 2/96
Relates to
No. C1JG 2 (1967) Conditional Use Grant Grant No. 203
01111
Acceptance of Conditions of Conditional Use Grants.
THIS COVENANT, Made this I q day of \ 2016
By Steven Meyer of RD Meyer and Associates,
Grantors, for the use and benefit of all persons from time to time resident or
owning property within the boundaries of the City of Muskego, Waukesha
County, Wisconsin, and for the use and benefit of the said City of Muskego in its
own right and as agent for the purpose of enforcing these presents on behalf of the
above described class of person, Grantees.
SPACE RESERVED FOR RECORDING DATA
TAX KEY NO.
2165.998.012
The premises affected by these presents (hereinafter called the Premises) are RETURN TO:
the following described lands in Township 5 North. Range 20 East, in the County Attn: Planning Department
of Waukesha and State of Wisconsin, to -wit: City of Muskego
W 182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the SW 1/4 of Section 34, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2165.998.012.
Grantors warrant and covenant that at the time of the ensealing and delivery of these presents they are all of the owners of
the Premises and that no other person has any estate or interest therein except by reason of easements for public utilities, building
restriction, dedications to the public or public bodies, instruments not or record, and mortgages to bans, savings and loan
association or insurance companies.
Grantors represent that petition on their behalf was made to the City of Muskego pursuant to the Zoning Code of the said
City of Muskego, for grant of permission to erect and/or conduct on the Premises a use there permissible not by right but only by
Conditional Use Grant; that in connection therewith Grantors made certain representations and agreements as to the site, building
and operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditional agreements as to site,
building and operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditional Use Grant No
203 was issued under date of April 6, 2016 and that a true copy thereof is on file with the Plan Commission of the City of
Muskego.
NOW, THEREFORE, Grantor hereby accept the said Conditional Use Grant and covenant strictly to comply with all of
the terms and conditions thereof. This covenant shall run with the land and shall be binding on the Grantors and all person claiming
any estate of interest in the Premises by, through or under the Grantors, as long as the said Premises are used as described in the
Conditional Use Grant for the purpose of allowing three new mini storage buildings.
In Witness Whereof, Grantors have hereunto set their hands a seals this day of G " lii' 2016.
SIGNED AND SEALED IN PRESENCE OF 99
- ------ -F --- Irand
------(SEAL)
Steven Me er RD Msociates
-------------------------------------------------------------) STATE OF WISCONSIN)
CORPORATION
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before
me this day of 12012. President
and Secretary of the above name corporation
to me known to be such persons and officers who executed
foregoing instrument and acknowledged that they executed
same as such officers, by its authority, for the purposes
contained.
THIS INSTRUMENT WAS DRAFTED BY
i eke M0MVWe4LX (SEAL)
)SS
WAUKESHA COUNTX) Personally came before me
this _�� ( day ofVC(,) , 2016, the above named foregoing
Mey) VMf &C to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
r
c"VviIAL'Acki
Notary Public, State of Wisconsin
My Commission expires
#,�N
10 T,*.�
fi1)1 i�
STATE OF WISCONSIN)
)SS ''
WAUKESHA COUNTY) Personally came be
this day of , 2015, the above named foregoing
to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
Notary Public, State of Wisconsin
My Commission expires
(Section 59.51 (1) of the Wisconsin Statutes provides that all instruments to be recorded shall have plainly printed or typewritten theron the names of the grantors, grantees , witnesses and notary.
Section 59.513 similarly requires that the name of the person who, or governmental agency which, drafted such instrument, shall be printed, typewritten, stamped or written theron in a legible
manner.)
' II No. Z. CUG 1 (1967) CONDITIONAL USE GRANT Grant Number 203
Sees. 62.23, 61.35, 60.74 and 59.97 Wis. Stats.
Before the Plan Commission of the City of Muskego, Waukesha County, Wisconsin, in regards to Premises
at W145 S6550 Tess Corners Drive in Township 5 North, Range 20 East, Waukesha County, State of
Wisconsin,
further described as follows:
A parcel of land located in the NE 1/4 of Section 2, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2165.998.012.
WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to
State Statute, provide that the premises may not be used of right for the purpose hereinafter described but that
upon petition such use may be approved by the municipality as a Conditional Use Grant in particular
circumstances as defined by the standards in the Zoning Ordinance; and
Petition therefore having been made, and public hearing held thereon, and the Plan Commission of the
City of Muskego having determined that by reason of the particular nature, character and circumstances of the
proposed use, and of the specific and contemporary conditions, grant of such use upon the terms and conditions
hereinafter prescribed would be consistent with the requirements of the Zoning Ordinance:
Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter
stated, that the Premises may be used as described in the Conditional Use Grant for the purpose of three new
mini storage buildings.
GRANTED by action of the Plan Commission of the City of Muskego the 6th day of April 2016.
Attest: ------ -- ---- ---. - ---------------------------(Seal)
Kath Chiaver
- Title Mayor.
Sharon Mueller (Mayor, President, Chairman moo' V yr !ice
Title Clerk - Treasurer
(City, Village, Town County) Clerk
Fi
Original filed in the office of the Plan Commission of the City of Muskego..
Signed: ,j®�%FS7dF69:Et1i181�
The CONDITIONS of this Grant are:
1. This Grant shall become effective upon the execution and recording by the Owners of the Premises of an
acceptance hereof in such form as to constitute an effective covenant running with the land.
2. This Grant shall be void unless proper application, pursuant to the building and zoning codes of the
municipality, for appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant,
is made within N/A months of the date hereof.
3. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code
of this municipality.
4. Construction and operation of the use granted shall be in strict conformity to the approved site, building and
operation plans filed in connection with the Petition for this Grant, and annexed hereto.
5. Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises
shall be made a part of their lease by the Owner, which shall contain provisions for posting of the pertinent
conditions to notify employees thereof.
NIEDECKEN 467N MILWAUKEE
(OVER)
6. Conditions on the Operations See attached Resolution #P.C. 020-2016
a. Hours of operation
b. Performance standards relating to noise, vibration, odor, smoke or dust:
c. Water supply requirements:
d. Provisions for sewage disposal:
e. Other:
17. Conditions on the Buildings See attached Resolution #P.C. 020-2016
a. Facade material of each building side:
b. Entrances, Design and Location
c. Signs attached to the Building, Location, Size, Design (including lighting):
d. Exterior Lighting of the Building:
e. Other:
18. Conditions on the Site See attached Resolution #P.C. 020-2016
a. Street Access (number, location, design):
b. Off -Street Parking (location and design including screening thereof):
c. Loading and Service Areas (location an design):
d. Outside Storage of Materials, Products or Refuse (location and screening thereof):
e. Finish topography and building grades, retaining walls, storm water run-off:
f. Landscaping of the Site and Buildings (including plant types, size, spacing):
g. Pedestrian walkways, terraces, malls (location and design):
h. Signs (free standing) location, size, design (including lighting):
i. Exterior Lighting of the Site, location design and power:
j. Other:
Receipt of a True Copy of this i strument on behalf of the
petitioner acknowle ged the day of 2016.
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
AMENDED
RESOLUTION *P.C. 020-2016
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT AND CONDITIONAL
USE GRANT AMENDMENT FOR RD MEYER AND ASSOCIATES
LOCATED IN THE NE % OF SECTION 2
(TAX KEY 2165.998.012 / W145 S6550 TESS CORNERS DRIVE)
WHEREAS, A submittal was received from RD Meyer and Associates for the property located at
W145 S6550 Tess Corners Drive (Tax Key No. 2165.998.012), and
WHEREAS, The property is zoned M-2 General Industrial District and allows a mini storage
facility by Conditional Use Grant (CUG), and
WHEREAS, The 2020 Comprehensive Plan shows this property as industrial uses and the
proposal is consistent with the plan, and
WHEREAS, The site currently contains a larger storage building (that also houses a day care)
along with two other smaller mini -storage buildings, and
WHEREAS, The proposal is to build three new mini -storage structures to the south of the main
larger building on site, and
WHEREAS, Each of the new mini -storage buildings will be 40' x 64' in size and will all look the
same, and
WHEREAS, The buildings are proposed to be clad with a lower 3 foot band of vinyl brick siding
with the upper portions of the walls being metal wall panels with a metal roof, and
WHEREAS, The other two mini -storage buildings on site, that where more recently built
specifically for storage uses, contain lower band of stone face CMU block with the upper portions
of the walls being metal wall panels with metals roofs, and
WHEREAS, The general operations of the site will remain the same as currently exists on site,
and
WHEREAS, No new landscaping, signage, or lighting have been proposed at this time, and
WHEREAS, Stormwater is not needed on site as it is already accounted for.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Building, Site and
Operation Plan Amendment and Conditional Use Grant Amendment for RD Meyer and
Associates located at W145 S6550 Tess Corners Drive (Tax Key No. 2165.998.012).
BE 11 FURTHER RES-0- LIVED, That th - - - - __ - . . torage buildings should be designed tG
-RE IT FURTHER RESOLVED, That the new buildings need to a-entain at- least products on eaGh elevation as that was approved en the other mini-ster-age build" -
when they were new and said masonry pFeduGt Gan either -he stene faGe GMU er-a
masonry prndupt that ihmuld Innk similar- to the vinyl briek siding used on the malla
building.
BE IT FURTHER RESOLVED, That the colors of the masonry and the siding on the new building
must match those on the main building.
BE IT FURTHER RESOLVED, That material color details must be provided at the time of building
permits.
BE IT FURTHER RESOLVED, That all past approval conditions not modified by this approval still
apply.
BE IT FURTHER RESOLVED, That no outdoor storage is allowed on this property.
BE IT FURTHER RESOLVED, That separate permits/approvals are required for any signage, any
exterior lighting, and any landscaping.
BE IT FURTHER RESOLVED, The site plan is subject to Fire Department approvals before
Building Permits can be issued and possible changes to the site plan may be required based
upon the final Fire Department review.
BE IT FURTHER RESOLVED, Formal approvals from the Engineering Division will be required
before the issuance of any permits.
BE IT FURTHER RESOLVED, That any bollards must be painted to match the colors of the
principal structure.
BE IT FURTHER RESOLVED, That any new or recently installed driving surfaces must be
finished with concrete or asphalt and cannot remain gravel.
BE IT FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC
devices, electrical transformers, etc.) must be screened from view and/or incorporated into the
design of the site/structure (screening, etc.) and should be approved by the Planning Division
before the issuance of building permits.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
Department and that all aspects of this plan shall be maintained in perpetuity unless otherwise
authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this
resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or
both.
Plan Commission
City of Muskego
Adopted: April 6, 2016
Denied:
Deferred:
Introduced: April 6, 2016
ATTEST: Kellie McMullen, Recording Secretary