CUG202202
Conditional Use Grant
Document Number
Please see attached
Document Title
A parcel of land located in the SW % of Section 34, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2295.995.003
4166097
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
RECORDED ON
September 14, 2015 03:01 PMJames R Behrend
Register of Deeds
5 PGS
TOTAL FEE:$$30.00
TRANS FEE:$0.00
milmiiiii
:cording Area
ime and Return Address:
ity of Muskego
ttn: Planning Department
.O. Box 749
luskego, WI 53150
2295.995.003
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
CUG
Relates to
Conditional lJse Grant Grant No. 202
NO.
Acceptance of Conditions of Conditional Use Grant.
THIS COVENANT, Made this Ll day of Uy� 615
By Thomas and Linda Huckstorf,
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.
THIS SPACE RESERVED FOR RECORDING DATA
TAX KEY NO.
j2295.995.003
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 34, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2295.995.003.
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
202 was issued under date of September 1, 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 guest house.
In Witness Whereof, Grantors have hereunto set their hands and seals this �_ day of-Y- P}e.. 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 AAS DRAFTED BY
IiLe J Vy VF�-, t`
`1 en (SEAL)
------(SEAL)
Thomas Huckstorf
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) PT sonally came before me
this day of5t(*eM, Yjfl5, the above named foregoing
o me known to be the persons who executed
t� j foregoing instrument and acknowledged the same eaee194Aate
Notary Public, State of W
My Commission expires_
Linda Huckstorf
STATE OF WISCONSIN)
yin 1 0
)SS
WAUKESHA COUNTY Personally came before me
this q day of � "2'(�15, the above named foregoing
to me known to be the persons who executed
jifooinginstrument and acknowledged the same.
Notary Public, State of Wisconsin
My Commission expires - _ A
71 1 .
(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 no
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.)
No. Z CUG 1(1967) CONDITIONAL USE GRANT Grant Number 202
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 W167 S11091 Loomis Drive in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
further described as follows:
A parcel of land located in the SW t/4 of Section 34, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2295.995.003.
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 a guest
house.
GRANTED by action of the Plan Commission of the City of Musk/ego the 1st day of September 2015.
€ f
Attest:-��----g--- "=--------------------------- (Seal)
�...... - � KathyChiave tti
Sharon Mueller
Title Clerk - Treasurer
(City, Village, Town County) Clerk
Title Mayor
(Mayor, President, Chairman)
IS
Original filed in the office of the Plan C mmission of the City of Muske o. '°°°,,AeUieti��\S'`
Signed:
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. 048-2015
a. Hours of operation
b. Performance standards relating to noise, vibration, odor, smoke or dust:
c. Water supply requirements:
I Provisions for sewage disposal:
e. Other:
17. Conditions on the Buildings See attached Resolution #P.C. 048-2015
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. 048-2015
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
C 5Q)- U" MVO —
petitioner acknowledged the day of 2015.
--------------- ---M- ,--- LL �---------------
I . U. VVL hA LA ( ,al)
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #P.C. 048-2015
APPROVAL OF A CONDITIONAL USE GRANT
FOR A GUEST HOUSE ON THE HUCKSTORF PROPERTY LOCATED AT
W167 S11091 LOOMIS DRIVE (TAX KEY 2295.995.003)
WHEREAS, Plans were submitted by Thomas and James Huckstorf for a Conditional Use Grant
(CUG) for the purpose of allowing a guest house at the property known as W167 S11091 Loomis
Drive / Tax Key 2295.995.003, and
WHEREAS, Said property is currently zoned A-1 Agricultural District, and said use is a permitted
use by Conditional Use Grant, and
WHEREAS, The petitioner owns this property containing one single family residence and wishes
to build a guest house on the property, and
WHEREAS, A principal dwelling and a guesthouse are allowed pursuant to Section 17:8.01 of the
Zoning Code, which permits guest houses on lots of at least 120,000 square feet provided such
structure shall not be rented or leased, and such structure shall be a minimum of 1,200 square
feet in size, and
WHEREAS, Petitioner and/or direct family proposes to occupy the guest house without intentions
of renting or leasing the structure, and
WHEREAS, The guest house will meet the 1,200 square foot minimum size requirement, and
WHEREAS, The parcel meets the 120,000 square foot minimum size requirement.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant for a guest house at the Huckstorf property located at W167 S11091 Loomis Drive.
BE IT FURTHER RESOLVED, That the, guest house shall not be rented or leased, and shall only
be occupied in accordance with Section 17:8.01 of the City of Muskego Zoning Code.
BE IT FURTHER RESOLVED, That the guest house shall meet all building and zoning
requirements at the time of permitting.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file 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: September 1, 2015
Defeated:
Deferred:
Introduced: September 1, 2015
ATTEST: Kellie McMullen, Recording Secretary