CCR2002109COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #log-2002
APPROVAL OF LEGAL LOT STATUS
Knickelbine
WHEREAS, A petition was submitted on April 25, 2002 by Roy Knickelbine for legal lot
status of Lots 31 and 32 located at S66 W18479 Jewel Crest Drive (Tax Key Number
2174.141); and
WHEREAS, The Plan Commission adopted Resolution #P.C. 059-2002 recommending
approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Plan Commission, does hereby approve the
petition for legal lot status of Lots 31 and 32 located at S66 W 18479 Jewel Crest Drive
(Tax Key Number 2174.141) subject to the conditions outlined in #P.C. 059-2002,
which include the submittal of a certified survey map for Lots 31 and 32 to the City
Planning Department within 90 days of this approval.
BE IT FURTHER RESOLVED That the petitioner shall be required to either record
easements for all structural encroachments, or shall remove all structural
encroachments in order to bring all structures into conformance with municipal setback
and offset requirements.
DATED THIS 14th DAY OF May ,2002.
SPONSORED BY:
Ald. William Le Doux
This is to certify that this is a true and accurate copy of Resolution #109-2002 which
was adopted by the Common Council of the City of Muskego.
5102jmb
City of Muskego
Plan Commission Supplement PC 059-2002
For the meeting of: May 7,2001
REQUEST: Legal Lot Status
S66 W18479 Jewel Crest Drive / Tax Key No. 2174.141
NE % of Section 4
PETITIONER: Roy Knickelbine
INTRODUCED: May 7,2002
LAST AGENDA. NIA
PREPARED BY: Brian Turk
BACKGROUND PC 059-2002
lot split will result in two properties with an area of 8,400 square feet. Each parcel has a sufficient buildable area to
Petitioner requests a determination of legal lot status to separate Lots 31 from Lot 32 of Jewel Crest Subdivision. A
accommodate single-family residential development.
In October 2000, the Common Council approved Ordinance 1043 which placed "sunset" provision for the Legal Lot
Status section of Ch.18.23 of the Land Division Ordinance. This will prohibit such land divisions after December
31, 2002.
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PLAN CONSISTENCY PC 059-2002
Comprehensive Plan: The 2010 Plan indicates this area is slated for medium density residential
develoDment. The oroDosal is consistent with the Plan. ..
Parcel is zoned RS-3/0LS, Suburban Residence District as modified by the
Lakeshore Overlay District. This requires a minimum lot size of 10,000 SF and
an average lot width of 67' Currently, the parcel meets this requirement and is
Zoning: classified as legal conforming.
After division the parcels will have a lot size of 8,400 SF and an average lot
width of 50 The parcels will be classified as legal non-conforming.
No acquisitions are proposed in the area; the petition is consistent with the
2001-2005 Plan. .... .
Conservation Plan: The plan does not identify the area for land management or acquisition. The
proposal is consistent with the Plan. I
Jewel Crest has been previously dedicated consistent with the ultimate ROW
Street System Plan:
consistent with the Plan.
required by the 2010 Arterial Street and Highway System Plan, The proposal is
@jUtility Service Areas: consistent with the Plan. Public sanitary sewer and private water serves the property. The proposal is
STAFF DISCUSSION PC 059-2002
1, Compatibility. The size, quality. and character of the vacant lot conform to the size, quality and character of
other existing lakeshore lots in the vicinity.
Single-family residential use would be compatible with the surroundings. In addition. the parcel sizes would be
similar to surrounding properties.
2. Sewase DisDosal.
Sanitary sewer is available to serve the property.
3. Practicability. The economic and engineering practicability of any possible redivision.
Following grant of legal lot status. the re-division of the parcel would not be possible without the grant of
space requirements. Staff cannot envision a scenario where an additional buildable lot could be created
numerous variances by the Zoning Board of Appeals. Such grant would need to include area, width. and open
through re-division.
4. Hardship. The degree of practical hardship which may be imposed upon the owner,
This criteria is subjective. The degree of practical hardship on the owner is not determined,
If the Plan Commission and Common Council approve the legal lot status the petitioner should provide a Gerlified
Survey Map of the resulting properties. This has been included in the approving resolution.
STAFF RECOMMENDATION PC 059-2002 0
Approval is recommended for Resolution #PC 059-2002 subject to petitioner filing a Certified Survey Map
for the division of the property.
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7 I Y I I I
RESOLUTION #P.C. 059-2002
RECOMMENDATION OF APPROVAL OF LEGAL LOT STATUS FOR THE PURPOSE OF ALLOWING
PETITIONER TO DIVIDE A LEGAL NON-CONFORMING VACANT LOT FROM AN ADJOINING LEGAL
NON-CONFORMING LOT AT S66 W18479 JEWEL CREST DRIVE (TAX KEY NO. 2174.141)
WHEREAS, On April 25. 2002 a petition for legal lot status for Lot 31 and Lot 32 of the Jewel Crest
Subdivision was submitted by Roy Knickelbine for a lot adjacent to S66 W18479 Jewel Crest Drive, and
WHEREAS, The proposed legal lot designation would deem buildable a parcel of land having 50 feet Of
average lot width, a total size of approximately 8,400 square feet, and
WHEREAS, Said property is zoned RS-YOLS Suburban Residence with a Lakeshore Overlay District,
requiring a minimum lot size of 10,000 square feet and an average minimum width of 67 feet, and said lot
does not appear to meet said minimum zoning requirements, and
WHEREAS, The 2010 Comprehensive Plan depicts this area as being set aside for medium density
residential development and this proposal is consistent with the plan, and
WHEREAS, City sewer service is available to the parcel, and
WHEREAS, Pursuant to the criteria of Section 18.23, adjacent and surrounding properties are similar in
lot width and square footage, and use of said lot in conformance with RS-3 / OLS uses permitted by right
would not have a negative effect on property values in the immediate area, and
WHEREAS, The Plan Commission determines that the property owner would incur a hardship if legal lot
status is not granted.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends to the Common Council that
approval be granted for legal lot status of Lot 31 and Lot 32 of the Jewel Crest Subdivision citing that the
subject lot is compatible to adjacent properties, has sufficient buildable area to accommodate a residence
and has City sewer available,
BE IT FURTHER RESOLVED, That the Plan Commission recommends to the Common Council that a
new Certified Survey Map for Lot 31 and Lot 32 of the Jewel Crest Subdivision be provided to the City
Plan Department within 90 days of Common Council's grant of Legal Lot Status,
BE IT FURTHER RESOLVED, That the Plan Commission recommends to the Common Council that the
petitioner shall be required to either record easements for all structural encroachments, or shall remove
all structural encroachments in order to bring all structures into conformance with municipal setback and
offset requirements.
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City of Muskego
Plan Department
Adopted: May 7, 2002
Defeated
Deferred:
Introduced: May 7, 2002