CCR1999081AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #El -99
APPROVAL OF CERTIFIED SURVEY MAP
Buechel
WHEREAS, A certified survey map was submitted on April 7, 1999 to finalize a two-
parcel land division of the Buechel property located on Lake Drive in the NE 114 of
Section 9 (W175 S7171 Lake Drive, Tax Key No. 2193.998.00A); and
WHEREAS, The Plan Commission defeated Resolution #P.C. 44-99 (Recommendation
of Approval) because the proposed land division was felt to be contradictory to the
intent of the OLS zoning district., and
WHEREAS, The City Attorney and City Engineers have reviewed the certified survey
map and found the proposed certified survey map to be in compliance with the City’s
Land Division and Zoning ordinances.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, does hereby approve the certified survey map to finalize a two-parcel land
division of the Buechel property located on Lake Drive in the NE 2/4 of Section 9.
BE IT FURTHER RESOLVED That the boathouse shown on Parcel 1 is to be razed
within 12 months of recording this certified survey map, or prior to sale of the parcel,
whichever occurs sooner
BE IT FURTHER RESOLVED That this approval is subject to receipt of all fees
required by Section 18.14 of the Land Division Ordinance, any special assessments
which may be due, and approval of the City Engineer
BE IT FURTHER RESOLVED That a DXF or DGN file of this CSM be submitted to the
City prior to City signatures being placed upon the certified survey map (3 %” diskette).
DATED THIS fi DAY OF MAY , 1999.
SPONSORED BY:
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #81-99 which was
amended and adopted by the Common Council of the City of Muskego.
K rnLalA-4
5l99jmb
COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #81-99
DENIAL OF CERTIFIED SURVEY MAP
Buechel
WHEREAS, A certified survey map was submitted on April 7, 1999 to finalize a two-
parcel land division of the Buechel property located on Lake Drive in the NE 1/4 of
Section 9; and
WHEREAS, The Plan Commission defeated Resolution #P.C. 44-99 (Recommendation
of Approval) because the proposed land division is contradictory to the intent of the
OLS zoning district.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, does hereby deny the certified survey map to finalize a two-parcel land
division of the Buechel property located on Lake Drive in the NE % of Section 9
because the proposed land division is contradictory to the intent of the OLS zoning
district.
DATED THIS - DAY OF , 1999.
SPONSORED BY:
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #81-99 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
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RESOLUTION #P.C.44-99
RECOMMENDATION OF APPROVAL OF A CERTIFIED SURVEY MAP
FOR A TWO (2) LOT LAND DlVlSlON FOR THE BUECHEL PROPERTY
LOCATED IN THE NE 'A OF SECTION 9
(W175 S7171 LAKE DRIVE/TAX KEY NO. 2193.998.OOA)
WHEREAS, On April 7. 1999 a CSM was submitted by Donald J. Murn for a two (2) lot
land division for the Alex and Patty Buechel property located in the NE % of Section 9 (W175
S7171 Lake Drive/Tax Key No. 2193.998.00A), and
WHEREAS, Said Certified Survey Map substantially conforms to that of the Plan
Commission's previously denied sketch review, under Resolution #P.C. 32-99, on March 16,
1999, and
WHEREAS, The proposed land division would create lots with a minimum area of 13,680
square feet and an average width yet to be determined, and
WHEREAS. Said property is zoned RS-3/0LS, Suburban Residence District with a Lake
Shore District Overlay. requiring a minimum lot size of 10,050 square feet and an average
minimum width of 67 feet. and subject parcels do meet said minimum zoning requirements for lot
area. and
WHEREAS. The Land Use 2005 Plan depicts this area as being set aside for medium - a density residential development and this proposal is within this goal, and
WHEREAS, Said parcels will be serviced by City sewer and private water
THEREFORE BE IT RESOLVED, That the Plan Commission approve of a Certified
Survey Map being submitted creating a two (2) lot land division of the Buechel property located
in the NE % of Section 9 (W 17.5 S7171 Lake Drive/Tax Key No. 2193.998.OOA).
BE IT FURTHER RESOLVED. That a DXF or DGN file of this CSM be submitted to
the City prior to City signatures being placed upon the CSM (3-1/2" diskette).
Plan Department
City of Muskego
Adopted
Defeated 05-04-99
Deferred 04-20-99
4- 12-99
e
iORM NO. 9054 - ynLM'"
Stock No. 26273
CERTIFIED SURVEY MAP NO.
Being a part of the NE 114 of the NE 1/4 of Section 9, Town 5 North, Range 20 East, in
the City of Muskego, Waukesha County, Wisconsin. r .. -! SEEF?' -7
,,
CURVE TABLE
# Rad i us Delta Length Chord Chord Bearing Tan In Tan Out MAIN 480 00 19'45'08'' 165 47 164 66 N 17°SA'f17 fl" W N fl3Ofl5' 33" W N 77O'ifl'41" W
PAR1 480 00 10"OO' 49" 83 89 83 78 N 17'50' 16 5" W N 12'49' 52" W N 22"50' 41" W
PAR2 480 00 09"44' 19" 81 58 81 49 N 07"57' 42 5" W N 03"05' 33" W N 12"49' 52" W
.. ~ .- " -. - .. .. " " " .. .. " -_ , , ..
1 GRA PHlC SCALE
6x6'' CONC.
MONUMENT
N 339488 13
: UNPLATTED..@NDS
~\ NOTE.. (796.2)
o ~ DENOTES I"x24" IRON PIPE 1.13 LBS. PREPARED FOR:
'PER LINEAL FOOT SET AT ALL LOT ALEXANDER & PA
CORNERS UNLESS NOTED OTHERWISE BUECHEL
STA TE.PLANE CO-ORDINA TE SYSTEM MUSKEGO, WI. 53150
SOUTH ZONE.
BEARINGS REFER TO THE WISCONSIN W175 S7171 LAKE DR.
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\
0 MURN Law Offices, S.C.
Crossroads Corporate Center
20800Swenson Drive, Suite 425
Waukesha, WI 53186-2074
Phone: (414) 798-9303
May 5, 1999
Fax: (414) 798-lW4
Ms. Sandra Asti
City of Muskego Planning Department
WI 82 S8200 Racine Avenue
Muskego, W 53 150-0749
Re: Certified Survey Map for Alex and Patty Buechel
Dear Sandi:
It is our understanding that the approval of the Certified Survey Map for Alex and cHARLEpIBpAuw
Patty Buechel which was voted upon at the Plan Commission meeting on May 4,
1999, will be heard before the Common Council at their meeting on May 11,
RUNgAMuRN
RICHARDKLLER
I 1999. PAUL R WAGNER
We will be in attendance at this meeting but we did not intend to make any type of
discussion or public comment with regard to this matter. Once again, however,
we do plan on being in attendance to respond to any questions or comments that
the council members may have.
Please forward an agenda to me a day or two before the meeting. Thank you for
your help.
presentation, so time does not need to be allotted on your agenda for a lengthy
Very truly yours,
MURN Law Offices, S.C 5” L -9 4
I DJM:nmw
cc: Mr. and Mrs. Alex Buechel
‘I
0
I
May 7, 1999
KENNETH G. FRIES, P.E.
W175 57229 LAKE DRIVE
MUSKEGO, WI 53150-9488
414-679-1214
RECEIVED
MAY 0 7 1999
Mayor’s office
Mayor David De Angelis
City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150
Re: Resolution - PC 44-99
Dear Mayor DeAngelis:
At this time, I am requesting five (5) minutes of floor time, to speak at the May
11, 1999 Common Council Meeting regarding Resolution - PC 44-99.
Having attended the May 4, 1999 Planning Commission meeting regarding the
above referenced resolution, this issue will have a huge impact to Muskego’s
Community. My wife, Cheryl, and I purchased our property on Lake Dr because
of the larger more spacious lots.
The possible subdividing of this property will have an enormous effect on our
neighborhood and also on the overall shoreline assessments. This area (i.e.
Lake Drive and Schubring Drive) is assessed at well over $4.5+ million dollars
on the tax rolls. All of the lake lots on Lake Drive and Schubring Drive have an
assessed value of over $142,000+.
a
Now, as I understand it, the Planning Commission rejected this resolution.
However, the Common Council meeting planned for Tuesday, May Il‘h will
probably vote to approve because the above referenced lot to be subdivided
“barely” meets the minimal “square footage” legal requirements.
We have never been formally notified by the City of Muskego regarding this
possible division of property in our neighborhood. Also, when this project
was presented again for the 3rd time at the Planning Commission Meeting on
May 4, 1999, no one was allowed to speak - except for the property owners’
attorney. e
May 7,1999
Page 2
Resolution - PC 44-99
The division of this property will create a morphodited lot for the existing property
owners. This will create the smallest shoreline of any existing property between
Lake Drive and Schubring Drive. I am certain that this will reduce property
values within the area. The size of the shoreline areas on both Lake Drive and
Schubring Drive has always been an issue with higher land assessments on
Little Muskego Lake. The City of Muskego Assessor's Office has always
concluded that the larger shorelines that were established on Lake Drive and
Schubring Drive properties has justified the higher assessed values. If the
Muskego Common Council approves this division, we will demand a lower
reassessment of properties located on Lake Drive and Schubring Drive.
If and when, Cheryl and I would decide to vacate our property, should we also
look for a method to subdivide our property to maximize any profits, and too bad
for the neighbors? This same approach will be followed by others!
Please consider giving our neighborhood a voice on this major impact to the
Muskego Community.
Respectfully,
% Q"dK&&L
Kenneth G. Fries, P.E.
C: Muskego Common Council Members
P.S. This same resolution will also have an impact to Big Muskego Lake and
Lake Denoon riparian owners. Have these riparian owners been notified of this
issue?
W175 S7121 Lake Dr
Muskego, WI 531 50
May 5, 1999
Mayor David De Angelis
W182 S8200 Racine Avenue, P.O. Box 749
Muskego, WI 531504749
Subject: Resolution P.C. 44 -99
RECEIVED
MAY 0 5 1999
Mayor’s Office
Dear Mayor De Angelis,
We are writing to express our displeasure with the direction the City of Muskego is proceeding on the
proposed Buechel property division. We moved to Muskego 3 !A years ago into an established
neighborhood 50 no surprises would occur with the surrounding neighborhood One of the criteria for
selecting this area of the lake was the spacious lots where the houses are not jammed together like they
are on much of the lake. We realize that existing lots need some relief to make them usable, however this
proposal is a new lot being created and does not present any hardship to the Current owner over the
present land use.
Last year when we prolested our large increased assessment we were told that the East shore along
Schubring Drive and Lake Drive was assessed higher because the large lots made it more desirable. If this
proposal is approved Muskego needs to reevaluate the assessment rules applying to the adjacent properties
so they do not dixriminate against those of us who live on the East side of the lake verses the West side.
We believe the proposed land division is illogical in that of approximately 100 feet of frontage at the lake
shore only 15 feet would remain with the existing parcel. It certainly violates the intent of the ordinance.
We understand that the division was done to meet the minimum requirements for lot area and minimum
average width. We feel that the definition for calculating minimum average width is somewhat ambiguous
and can have multiple interpretations. This allows the most favorable to the applying party to be used
explaining the details of this we to us. He has done his homework very thoroughly.
resulting in inconsistent interpretations. We would like to complement Mark Slowcomb for his patience in
When we were researching Muskego as a possible retirement site we were told tq City Hall that Little
Muskego Lake was the “Crown Jewel” of Muskego. Having come from Cedarburg which has a beautiful
downtown and residential development it was some shock to discover we were in downtown Muskego
when we asked where it was. IfMuskego wants to develop into an attractive community, the leadership
must stick to the intent of plans and ordinances and not allow development that dws not fit those plans.
Lets not crack one of the Jewels in the Crown in two, because we are afraid to do what is right. AU
possible compromises need to be explored I believe the planning commission has spoken clearly three
times I find it dithcult to believe that their ruling has no bearing on the vole of the council on this issue,
If the division is approved we expect that the same letter of the law be used to have the nonconforming
building be promptly removed from the new lot.
Regards,
0
& zL!LA-/pu
Jay and Janet Erdman
CC: Common Council members