PCR2006119
./PCR2006119_files/filelist.xml RESOLUTION #PC 119-2006
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RESOLUTION #P.C. 119-2006
DETERMINATION OF A NON-SUBSTANTIAL CHANGE TO THE APPROVED PLANNED DEVELOPMENT FOR BUILDING #4 OF ST. ANDREWS VILLAGE CONDOS PERTAINING TO DECK LOCATIONS LOCATED IN THE NW ¼ OF SECTION
25
(S96 W13481-85 ST. ANDREWS DRIVE / TAX KEY NO. 2258.994.011-012)
WHEREAS, On September 19, 2006 plans were submitted for determination of a non-substantial change to the approved Planned Development for Building #4 of St. Andrews Village Condos
pertaining to deck locations, and
WHEREAS, The petitioner is proposing to construct two decks on Building #4 of St. Andrews Village Condos with one of the decks being 6.59 feet from the rear lot line, and
WHEREAS, Said property is currently zoned RSA/OPD/OWP, Attached Single-Family Residence District with a Planned Development Overlay with a Wellhead Protection Overlay, and said use
is a permitted use by right, and
WHEREAS, The approved BSO plans did show decks of the rear of some of the buildings, but no dimensions to the lot lines or details were shown, and
WHEREAS, Section 6.02 pertaining to Planned Development Districts permits the Plan Commission and Common Council to consider petitions “without specific compliance to the district
regulations as hereinafter provided…”, and as such, the Plan Commission and Common Council have the discretion within Planned Development Districts to allow reduced offsets for a
deck not in specific conformance with the Code, and
WHEREAS, Section 17:6.02 of the Zoning Code permits the Plan Commission and Common Council to consider amendments to the District as either “substantial” or “non-substantial” changes.
In the event that an amendment is considered substantial, a public hearing would be held prior to Common Council consideration.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the construction of two decks off the rear of Building #4 of St. Andrews Village Condos with an offset of no less than
6.59 feet.
BE IT FURTHER RESOLVED, That the Plan Commission determines this to be a non-substantial change to the approved St. Andrews Village Planned Development District and recommends to the
Common Council that no Public Hearing shall be required, citing that decks were originally shown in concept and due to the exposures of the units, the decks are necessary.
BE IT FURTHER RESOLVED, That this approval and determination only applies to Building #4 of this development and any other possible future requests/determinations must be made on
a case-by-case basis.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspect 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: October 3, 2006
Defeated:
Deferred:
Introduced: October 3, 2006
ATTEST: Sandi Asti, Recording Secretary