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CCR2002121COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #121-2002 APPROVAL OF LEGAL LOT STATUS WHEREAS, A petition was submitted on May 7, 2002 by Roy Smart for legal lot status of lot adjacent to W184 S6668 Jewel Crest Drive (Tax Key Number 2174.143); and WHEREAS, The Plan Commission adopted Resolution #P.C. 069-2002 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 lot adjacent to W 184 S6668 Jewel Crest Drive (Tax Key Number 2174.143) subject to the conditions outlined in #P.C. 069-2002, which include the submittal of a certified survey map 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 28th DAY OF May ,2002. SPONSORED BY: Ald. William Le Doux This is to certify that this is a true and accurate copy of Resolution #121-2002 which was adopted by the Common Council of the City of Muskego. ii City of Muskego Plan Commission Supplement PC 069-2002 '. For the meeting of: May 21,2001 REQUEST: Legal Lot Status W184 S6668 Jewel Crest Drive /Tax Key No. 2174.143 NE 'A of Section 4 PETITIONER: Roy Smart INTRODUCED: May 21,2002 LAST AGENDA NIA PREPARED BY: Brian Turk BACKGROUND PC 069-2002 Petitioner requests a determination of legal lot status to separate 2 parcels in the Jewel Crest Subdivision. A lot split will result in two properties with an area of 8,100 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 "sunsel" provision for the Legal Lot Status section oi Ch.18.23 of the Land Division Ordinance. This will prohibit such land divisions after December 31, 2002. 0 PLAN CONSISTENCY PC 069-2002 Comprehensive Plan: The 2010 Plan indicates this area is slated for medium density residential development. The proposal is consistent with the Plan. I r- Parcel is zoned RS-3lOLS, 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 Park and Open Space Plan: 2o01~2005 Plan, Conservation Plan: ?he plan does not identify the area for land management or acquisition. The proposal is consistent with the Plan. Street System Plan: Jewel Crest has been previously dedicated consistent with the ultimate ROW required by the 2010 Arterial Street and Highway System Plan. The proposal is consistent with the Plan. @/Utility Service Areas: Public sanitary sewer and private water serves the property. The proposal is consistent with the Plan. ! STAFF DISCUSSION PC 069-2002 the four criteria found in Section 18.23: In making a recommendation to the Common Council, the Code specifies four criteria. The following is a review of 0 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. Sewase DisDOSal. Sanitary sewer is available to serve the property. Practicability. The economic and engineering practicability of any possible redivision. numerous variances by the Zoning Board of Appeals. Such grant would need to include area, width, and open Following grant of legal lot status, the re-division of the parcel would not be possible without the grant of through re-division. space requirements. Staff cannot envision a scenario where an additional buildable lot could be created 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 Certified Survey Map of the resulting properties. This has been included in the approving resolution. STAFF RECOMMENDATION PC 069-2002 Approval is recommended for Resolution #PC 069-2002 subject to petitioner filing a Cerlified Survey Map for the division of the properly. RESOLUTION #P.C. 069-2002 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 W184 56668 JEWEL CREST DRIVE (TAX KEY NO. 2174.143) WHEREAS, On May 7, 2002 a petition for legal lot status was submitted by Roy Smart for a lot adjacent to W184 56668 Jewel Crest Drlve. 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 8,100 square feet, and WHEREAS, Said property is zoned RS-3/0LS 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 would not have a negative effect on property values in the immediate area, and lot width and square footage, and use of said lot in conformance with RS-3 I OLS uses permitted by right 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 in the Jewel Crest Subdivision citing that the subject lot is compatible to adjacent properties, has sufflcient 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 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. Plan Department City of Muskego Adopted: May 21,2002 Defeated Deferred: Introduced: May 21, 2002 I Attest: Sandi Asti, Recording Secretary