CCR2002110COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #110-2002
APPROVAL OF LEGAL LOT STATUS AND CERTIFIED SURVEY MAP
Belmore
WHEREAS, A petition was submitted on April 26,2002 by Ken Belmore for legal lot
status for lot adjacent to W195 S7383 Racine Avenue (Tax Key Number 2189.991);
and
WHEREAS, The Plan Commission adopted Resolution #P.C. 060-2002 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 for lot adjacent to W195 S7383 Racine Avenue (Tax Key
Number 2189.991) subject to the conditions outlined in #P.C. 060-2002.
BE IT FURTHER RESOLVED That the Common Council of the City of Muskego does
hereby approve a certified survey map for the Belmore property on Racine Avenue to
reflect two separate parcels.
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 #110-2002 which
was adopted by the Common Council of the City of Muskego.
lQlM 110 M3.A
E%-
Stock No. 26273
CERTIFIED SURVEY MAP NO. SHEET 1 OF 3
BEING A DIVISION OF PART OF LANDS W THE SOUTHWEST 114 OF THE
NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 5 NORTH, RANGE 20 EAST,
M THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN.
LOCATION MAP
N.E.I/4 SEC.8-5-20
SCALE I"= 50'
0 10 25 50 IW
NOTES
DENOTES 1" X24"lRCWPIPE.I.I3 LBS PER UNEAL FT. SET UNLESS OTHERWISE NOTED
AU BEARINGS REFER TO THE WEST LINE OF THE N.E. 114 SEC. 4-5-20 WHICH IS ASSUMEDTC BEAR N01'03 33"W. (WISCONSIN STATE PLONE COORDINATE SYSTEM- SOUTH ZONE) D
City of Muskego
Plan Commission Supplement PC 060-2002
For the meeting of: May 7,2001
REQUEST: Legal Lot Status and Certified Survey Map
W195 S7383 Racine Avenue /Tax Key No. 2189.991
NE 'h of Section 8
PETITIONER: Belmore
INTRODUCED: May 7,2002
LAST AGENDA NIA
PREPARED BY: Brian Turk
BACKGROUND PC 060-2002
Petitioner requests a determination of legal lot status to separate 2 parcels located on Racine Avenue. A lot split
will result in two properties, each with an area exceeding 21,000 square feet. Each parcel has a sufficient buildable
area to accommodate single-family residential development.
In October 2000, the Common Council approved Ordinance 1043 which placed 'sunser provision for the Legal Lot
31,2002.
Status section of Ch.18.23 of the Land Division Ordinance. This will prohibit such land divisions after December
0
PLAN CONSISTENCY PC 060-2002
~~ ~ . "
Comprehensive Plan:
. .. ~ . ~ '
development. The proposal is consistent with the Plan.
~
The 2010 Plan indicates this area is slated for medium density residential
. . ~ ~ ~. ..~.. ~.. . ~ .... ~~ . ~ ~ ~ - -. ~~ .. ~. . ~ ir '
Parcel is zoned RS-2, Suburban Residence District. This requires a minimum
..
lot size of 20,000 SF and an average lot width of 110' The parcels are
~ classified as legal non-conforming, and when in common ownership were
~
combined due to inadequate lot width.
The accessory structure on Parcel 2 is typically required to be razed if a building
building permit applications, which are on hold pending CSM approval. As
No acquisitions are proposed in the area; the petition is consistent with the
Zoning:
~ permit is not issued within one year of the CSM. Petitioner has submitted
, .. .. .. .. ~ ~ " . .. ., such, . . .. no conditions .- . are included ~~. in the Resolution
: 7nn,-7nns P,nn Park and Open Space Plan:
Conservation Plan: The plan does not identify the area for land management or acquisition. The I proposal .. is consistent .. with the Plan. ,. .~ .~ ~ . .. ...~. . ~~ ~~ ~. ~.
The CSM dedicates Racine Avenue consistent with the ultimate ROW required
by the 2010 Arterial Street and Highway System Plan. The proposal is
County, and not the City of Muskego. This is being addressed as a technical
consistent with the Plan. The dedication notation should be to Waukesha
. ... ~ ~. . ..~ ~~ ~ . .~ ~~
correction prior to receio\pt of signatures, and does not need to be separately
Public sanitary sewer and private water serves the property. The proposal is
,,(address in the Resolution.
I consistent with the Plan. Utility Service Areas:
~ ~.. . . .~~ ~. . ~~ ~ ~ ~,_~ ~. .. ~~~. ~~ ..." ~.~~~ .~.~ ~ ~
STAFF DISCUSSION PC 060-2002
the four criteria found in Section 18.24:
In making a recommendation to the Common Council, the Code specifies four criteria. The following is a review of
1. ComDatibility. 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. Sewaqe Disposal.
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 0 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 is required to record a
Certified Survey Map of the resulting properties. This has been provided by the petitioner, and is included in the
approving resolution.
STAFF RECOMMENDATION PC 060-2002
Approval is recommended for Resolution #PC 060-2002.
RESOLUTION #P.C. 060-2002
PETITIONER TO DIVIDE A LEGAL NON-CONFORMING VACANT LOT FROM AN ADJOINING LEGAL
RECOMMENDATION OF APPROVAL OF LEGAL LOT STATUS FOR THE PURPOSE OF ALLOWING
NON-CONFORMING LOT AT W195 57383 RACINE AVENUE /TAX KEY NO. 2189.991)
WHEREAS, On April 26, 2002 a petition for legal lot status was submitted by Ken Belmore for a lot
adjacent to W195 57383 Racine Avenue, and
WHEREAS, The proposed legal lot designation would deem buildable a parcel of land having 85 feet of
average lot width, a total size of approximately 25,886 square feet, and
WHEREAS, Said property is zoned RS-2 Suburban Residence District, requiring a minimum lot size of
20,000 square feet and an average minimum width of 110 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 surroundmg properties are similar in
lot width and square footage, and use of said lot in conformance with RS-2 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 citing that the subject lot is compatible to adjacent properties, has
sufficient buildable area to accommodate residence and has City sewer available,
Plan Department
City of Muskego
Adopted: May 7, 2002
Defeated
Deferred:
Introduced: May 7, 2002
Attest: Sandi Asti, Recording Secretary