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CCR1994030AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #30-94 APPROVAL/DISAPPROVAL OF CERTIFIED SURVEY MAP Heise WHEREAS, a Certified Survey Map was submitted on January 6, 1994 to finalize a two-parcel division of the Heise property at W182 58450 Racine Avenue in the SW 1/4 and SE 1/4 of Section 16; and WHEREAS, the present use of the entire property is multiple family and the zoning is RS-2 Single Family Residential; and WHEREAS, the present use of the entire property is a legal non-conforming use. WHEREAS, the Plan Commission has not recommended approval. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does hereby disapprove the Certified Survey Map to finalize a two-parcel division of the Heise property at W182 58450 Racine Avenue in the SW 1/4 and SE 1/4 of Section 16 for reasons including, but not limited to, the following: 0 2. 1. 3. 4. 5. An adverse recommendation of the Plan Commission; and Violation of Section 18.2.2 and 18.3.8 of the Muskego Land Division Ordinance in that such a division would violate applicable rules, laws, regulations, ordinances and comprehensive plans; and Such a division would violate Muskego Ordinance 17.4.06(C) and (D) in that the non-conformity would be expanded and and enlarged and result in a greater degree of non-conformity; Such a division would violate Wisconsin Statute Section 66.23(7)(h) in that it would create a greater degree of A greater degree of non-conformity would be created in that non-conformity; and the present RS-2 zoning of the entire parcel would allow for 30 residential units and there already exists on the parcel 32 residential units and if said division were allowed, the parcel containing the multiple family dwellings would be to a greatly increased and the vacant parcel could be developed greater degree non-conforming and the density would be degree of non-conformity; and under the RS-2 zoning which would create even a greater Resolution #30-94 Page 2 6. 1. BE to Such a division would violate Muskego Ordinance 17.4.07 and 17.8.10(A) in that there would be more than one principal building site or operational plan by the Plan Commission to residence per lot and there has been no approval of a allow any apartment building; and Section 18.6.1 requires a certified survey map to meet design standards set forth in Section 18.7.0 and improvements set forth in Section 18.8.0 and the certified survey map does not meet those standards. receipt of all fees required by Section 10 of the Land IT FURTHER RESOLVED that if approved, this approval is subject Division Ordinance and approval of the City Engineer. DATED THIS 22ND DAY OF FEBRUARY , 1994. SPONSORED BY: Ald. David D. Taube Deferred 2/8/94 This is to certify that this is a true and accurate copy of Resolution #30-94 which was adopted by the Common Council of the City of Muskego. I 2/94 jmb COMMON COUNCI - CITY OF MUSKEG0 RESOLUT a ON #30-94 APPROVAL/DISAPPROV WHEREAS, a Certified Survey Map to finalize a two-parcel divisi S8450 Racine Avenue in the SW 1 WHEREAS, the Plan Commission ha NOW, THEREFORE, BE IT RESOLVED City of Muskego does hereby ap Survey Map to finalize a two-pa property at W182 S8450 Racine A Section 16. BE IT FURTHER RESOLVED that if to receipt of all fees required Division Ordinance and approval DATED THIS DAY OF 0 , 1994. SPONSORED BY: \ Ald. David D. Taube \ Deferred 2/8/94 This is to certify that this is a true and accurate copy o Resolution #30-94 which was adopted by the Common C City of Muskego. 2/94 jmb City Clerk CERTIFIED SURVEY MAP NO. Belng e redivislon of Parcel C of C.S.M. NO. 625 and Parcel D of C.S.M. NO. 993 and belng part of the NE 1/4 of the SW 1j4 and of the NW 1/4 of the SE 1/4 of Section 16, TSN, R20E CITY OF MURISKEM, WRUKESHR COUNTY, WISCONSIN Page 1 of 5 ". ' 1: v I, I. I< I' :; &c I..V.O Instmment drafted by John W. Jahnke P.S. Huskego 289