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CCR2002135COMMON COUNCIL -CITY OF MUSKEG0 RESOLUTION #135-2002 APPROVAL OF CERTIFIED SURVEY MAP Towne Realty WHEREAS, A certified survey map was Submitted on April 24, 2002 to finalize a one-lot land division of property located on Durham Drive in the SW 114 of Section 13; and WHEREAS, The Plan Commission adopted Resolution #P.C. 063A-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 certified survey map to finalize a one-lot land division of property on Durham Drive in the SW 1/4 of Section 13 subject to the conditions outlined in Resolution #P.C. 063A- 2002. 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, approval of the City Engineer, and passage and publication of Ordinance #1088. BE IT FURTHER RESOLVED That a digital '.DXF file, '.DGN file, or *.DWG file of this Certified Survey Map be submitted to the City prior to City signatures being placed upon the CSM (3-1/2" diskette) and all information transmitted on the diskettes shall be tied to and referenced to State Plane Coordinates NGVD 1929 or others approved by the City Engineer DATED THIS 25th DAY OF June ,2002 SPONSORED BY: Ald. William Le Doux This is to certify that this is a true and accurate copy of Resolution #135-2002 which was adopted by the Common Council of the City of Muskego. 6/2002jmb City of Muskego Plan Commission Supplement PC 063-2002 For the meeting of: June 18,2002 REQUEST: One lot land division W131 S8489 Durham Drive I Tax Key No. 221 1.999 SW 'A of Section 13 PETITIONER: Towne Realty INTRODUCED May 7,2002 LAST AGENDA: May 7,2002 PREPARED BY: Brian Turk BACKGROUND PC 063-2002 Item was deferred pending Rustic Structure Public Hearing and recommendation from the Conservation Commission. 0 PLAN CONSISTENCY PC 063-2002 - Comprehensive Plan: The 2010 Plan depicts the area for low-density residential development. The proposal is consistent with the Plan. I Zoning: district requires parcels to be a minimum of 60,000 square feet in area, feet of average lot width. The proposal is consistent with the zoning The Code allows accessoty structures to total 2-percent of the land area. The parcel is allowed 4,400 SF of accessory structures. According to the assessment records, the property has accessory structures totaling 5,785 SF The Code makes exceptions for structures that are determined to fit the definition of "rustic." Such structures are subject to review by the Conservation Committee and the Plan Commission and require a Conditional Use Grant. A public hearing was held on June 4, 2002. Conservation Commission recommended approval on June 12,2002. Two structures are illustrated to encroach into the public right-of-way. They may be permitted to remain upon the granting of a revocable occupancy permit. consistent with the Plan. The Plan does depict a recreation trail extending along Durham Drive at some future date. All such trails are located within right- of-way, and do not impact this proposal. .. ~. The 2001-2005 Plan does not depict acquisitions in this area. The proposal is r Conservation Plan While the proposed division was included with the conservation subdivision. the goal of the Plan is to preserve rural or agrarian features within the City. The parcel itself is not outlined for management of acquisition priorities. However, a proposal is consistent with the Plan. The 2010 Street System Plan depicts Durham Drive to have a 100-foot ultimate right-of-way. The proposal is consistent with the Plan. Street System Plan: Utility Service Areas: adjacent subdivision project to serve the proposed parcel. The proposal is Municipal sanitary sewer and water will be installed in conjunction with the consistent with the Plan. STAFF DISCUSSION PC 063-2002 All staff concerns have been addressed. STAFF RECOMMENDATION PC 063-2002 Approval of Resolution #PC 063A-2002. 0 RESOLUTION #PC 0636-2002 - APPROVAL OF A ONE (1) LOT LAND DIVISION FOR THE TOWNE REALY PROPERTY LOCATED IN THE SW X OF SECTION 13 (TAX KEY NO. 2211.999 / W131 S8489 DURHAM) WHEREAS, On April 24, 2002 a Certified Survey Map was submitted by Towne Realty for a one (1) lot and land division of the property located in the SW X of Section 13. (221 1.999 I W131 S8489 Durham Drive), WHEREAS, The proposed land division would create a lot with a minimum area of 219, 991 square feet (5.05 acres) and an average minimum width of 450 feet, and WHEREAS, Said properties are zoned R-2 Country Home District, requiring a minimum lot size of 60.000 square feet and an average minimum width of 175 feet, and said parcel meets said minimum zoning requirements for lot width and area, and WHEREAS, The 2010 Comprehensive Plan depicts this area as being set aside for low density residential development and this proposal is within this goal, and WHEREAS, Municipal sanitary sewer and water will be installed in conjunction with the adjacent subdivision project to serve the proposed parcel, and WHEREAS, All rights-of-way have been dedicated in accordance with the 2010 Street System Plan, and WHEREAS, The Zoning Code allows accessory structures to total 2-percent of the land area, and the parcel is allowed 4,400 SF of accessory structures, and per the assessment records the property has accessory structures totaling 5,785 SF, and WHEREAS, The Zoning Code makes exceptions for structures that are determined to fit the definition of "rustic," and such structures are subject to review by the Conservation Committee and the Plan Commission and require a Conditional Use Grant7& WHEREAS, On June 4, 2002 the Plan Commission held a Conditional Use public hearinq to designate Rustic Structures on the parcel, and WHEREAS, On June 12, 2002 the Conservation Commission recommended said Rustic Structure desiqnations. and WHEREAS, Two structures are illustrated to encroach into the public right-of-way, and are permitted to remain subiect to petitioner's execution of Revokable Occupancy Permits. 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 Bwtr-Towne Realty property in Ulle%'Aad4+24 woof Section fix subject to resolution of technical discrepancies as identified by the City Planning Department and City Engineers, and payment of all applicable fees in Section 18.14(3) of the Land Division Ordinance and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That the two structures which encroach into the public right-of-way may be permitted to remain upon the petitioner's execution and recordation of fa revocable occupancy permits concurrent with City execution of the Certified Survey Map. BE IT FURTHER RESOLVED, That a '.DXF file of this CSM be submitted to the City prior to City signatures being placed upon the CSM (3-1/2" diskette). Plan Commission City of Muskego Adopted: June 18, 2002 Defeated: Deferred: May 7, 2002, May 21, 2002, Introduced: May 7, 2002 ATEST. Kellie Renk, Recording Secretary