CUG200200
Document Number
Please see attached
Conditional Use Grant
Document Title
A parcel of land located in the NE % of Section 2, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2163.129
4154254
REGISTER OF DEEDS
WAUKRECORDEDNON WI
July 14, 2015 01:05 PM
James R Behrend
Register of Deeds
5 PGS
TOTAL FEE:$30.00
TRANS FEE:$@.00
Recording Area
Vame and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2163.129
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
No. CUG 2 (1967) Conditional
Relates to
Grant Grant No. 200
DOCUMENT NO.
Acceptance of Conditions of Conditional Use Grant.
THIS COVENANT, Made this —2— day of c� LL , 2015
By Jonathan & Rebecca Beckler.
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
AX KEY NO.
;163.129
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
W182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the SW 1/4 of Section 1, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2163.129.
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
200 was issued under date of July 7, 2015 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 a handicap access ramp within the front setback of the property.
In Witness Whereof, Grantors have hereunto set their hands and seals this day of 3LA,(q , 2015.
SIGNED AND SEALED IN PRESENCE OF
CORPORATION
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before
me this day of , 2012. 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
& lZ TALRUAken (SEAL)
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before me
this day of,) ki l , 2015, the above named foregoing
to me known to be the persons who executed
the fo egoing instrument and acknowledged the same.
�_-------- ------ ------
----
Notary Public, State of Wisconsin``ee�v0tem
My Commission expires
�_Z0
110'0
ogle
Rebecca Beckler
STATE OF WISCONSIN)
)SS
WAUKESHA CO TY) Personally came before me
this � day of�U L(, _k 2015, the above named foregoing
to me known to be the persons who executed
the fore oing instrument and acknowledged the same.
------------------
VPL i.e fflsuLifl6n �
Notary Public, State of Wisconsi
My Commission expires I —�
�V&@L %6!
(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,
Section 59.513 similarly requires that the name of the person who, or governmental agency which, drafted such instrument, shall be printed, typewritten, stamped c
24o. Z GUG 1 (067) CONDITIONAL USE GRANT Grant Number 200
r
Secs. 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 S69 W13525 Bristlecone Lane in Township 5 North, Range 20 East, Waukesha County, State of
Wisconsin,
further described as follows:
A parcel of land located in the SW 1/4 of Section 1, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2163.129.
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 allowing a
handicap access ramp within the front setback of the property.
GRANTED by action of the Plan Commission of the City of
Attest:
--------------------- ----- ----------------------
Sharon Mueller
Title Clerk - Treasurer
(City, Village, Town County) Clerk
Original filed in the office of the Plan
Signed:
The CONDITIONS of this Grant are:
the 7th day of July 2015.
(Mayor, President, Chairman)
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. 038-2015
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. 038-2015
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:
8. Conditions on the Site See attached Resolution #P.C. 038-2015
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 instrument on behalf of the
petitioner acknowledged the '�' day of J���� 2015.
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #P.C. 038-2015
APPROVAL OF A CONDITIONAL USE GRANT FOR A HANDICAP ACCESS RAMP WITHIN
THE FRONT SETBACK LOCATED AT S69 W13525 BRISTLECONE LANE
(TAX KEY 2163.129)
WHEREAS, Plans were submitted by Russell DuQuaine, on behalf of Jonathan & Rebecca
Beckler, for a Conditional Use Grant for a handicap access ramp to be built within the front
setback at the property located at S69 W13525 Bristlecone Lane / Tax Key No. 2163.129, and
WHEREAS, Said property is currently zoned PD-4 Hale Park Meadows Planned Development
District, and said use is a permitted use by Conditional Use Grant, and
WHEREAS, Chapter 17, Section 14.03(7) governs "Reasonable Accommodations for the
Disabled" and that sections can allow waivers to a dimensional zoning regulations to be granted
through a Conditional Use Grant (CUG) to offer reasonable accommodations for a person with
disabilities, and
WHEREAS, A handicap access ramp is proposed in front of this existing home to allow ramp
access to the front door, and
WHEREAS, This property is typically required to have a front setback of 25 feet and the proposal
(for the ramp) is seeking a setback of 21 feet from the front lot line, and
WHEREAS, The ramp is being designed in a way to minimalize the impact/encroachment into the
front setback.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant for a handicap access ramp to be built within the front setback at the property located at
S69 W13525 Bristlecone Lane / Tax Key No. 2163.129.
BE IT FURTHER RESOLVED, That if the current residents move out of this home or if the need
for the ramp ceases, the access ramp must be removed at that time.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Community
Development 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: July 7, 2015
Defeated:
Deferred:
Introduced: July 7, 2015
ATTEST: Kellie McMullen, Recording Secretary