CCR2002222COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #222-2002
e RESOLUTION TO TERMINATE CONDITIONAL USE GRANT
CHOIR PRACTICE
WHEREAS, On June 19, 1990, the Plan Commission approved a Building, Site and Operational
Plan and Conditional Use Grant for the Choir Practice to permit residential occupancy of a
commercial structure for the property identified as Tax Key No. 2165.985; and
WHEREAS, The Waukesha County Department of Transportation has advised the City of
Muskego of its intent to acquire and raze the Choir Practice building as a part of the 2003-2004
reconstruction of Janesville Road, and said action requires the relocation of the building
occupants; and
WHEREAS, The Plan Director and City Attorney have reviewed the matter and recommend that
the Conditional Use Grant be terminated and reclassified as a legal nonconforming use; and
WHEREAS, The Plan Commission adopted Reso. #P.C. 146-2002, recommending termination
of the conditional use grant in accordance with Section 6.03 (2)(E) of the Zoning Ordinance with
subsequent reclassification as a legal nonconforming use; and
WHEREAS, A public hearing was held on November 12,2002
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego,
upon the recommendation of the Plan Commission, does hereby terminate Conditional Use
Grant No. 109, with subsequent reclassification as a legal nonconforming use, on the Choir
Practice property located at S66 W14580 Janesville Road (Tax Key No. 2165.985) for the
reasons staied in Resolution #PC. 146-2002.
BE IT FURTHER RESOLVED That termination of said Conditional Use Grant shall be effective ~~
immediately upon adoption of this Resolution, and the use is reclassified as legal
nonconforming.
DATED THIS DAY OF ,2002,
SPONSORED BY:
Ald. William Le Doux
Deferred: 1111 2/02
This is to certify that this is a true and accurate copy of Resolution #222-2002 which was
adopted by the Common Council of the City of Muskego.
11102jmb Clerk-Treasurer
City of Muskego
Plan Commission Supplement PC 146-2002
For the meeting of: November 5,2002
REQUEST: Consider Termination of Conditional Use Grant, residential use of a commercial
building (Choir Practice)
S66 W14580 Janesville Road I Tax Key No. 2165.985
East X of Section 2
PETITIONER: Plan Commission
INTRODUCED: November 5.2002
LAST AGENDA: N I A
PREPARED BY: Brian Turk
0
BACKGROUND PC 146-2002
On June 19. 1990 the Plan Commission approved a Building Site and Operation Plan and
Conditional Use Grant for the residential use of an existing commercial structure (Choir Practice).
I CUGs, and bring each forth for individual consideration of termination proceedings.
On September 3. 2002 the Plan Commission directed staff to review all unused and expired BSO
City of its intent to acquire and raze the structure. The building's occupants will be relocated at
In the case of Choir Practice, the Waukesha County Department of Transportation has notified to
County expense, to a location yet to be determined. As such, Planning Staff recommends that
the Plan Commission and Common Council initiate the proceedings to terminate the CUG. to be
effective upon building demolition.
\. DISCUSSION PC 146-2002
Upon recommendation to terminate the CUG by the Plan Commission, the Common Council will
hold a public hearing and consider the matter If the Conditional Use is terminated, the property
right does not necessarily end immediately. The code states that, "such use shall thereafter be
classified as /ega/ nonconforming use [emphasis added], except that where the action is due to
failure to comply with the conditions of the Conditional Grant, the Common Council may require
complete termination of such use."
If the Common Council chooses to reclassify the use instead of completely terminating the
Conditional Use Grant, the property will continue to have the rights associated residential
occupancy, subject to another code provision, which states,
'Where any such use is discontinued for a period of 12 consecutive months or for 18
confon to the regulations of the district in which it is located."
accumulative months during any 3 year period, any future use of the structure shall
This would essentially give the property owner the right to continue occupancy until the building is
razed. Thereafter, the CUG would cease.
Staff recommends termination and reclassification as a nonconforming use. The City Attorney
has reviewed the matter and concurs
STAFF RECOMMENDATION PC 146-2002
Approval of Resolution PC 146-2002
RESOLUTION #P.C. 146-2002
RECOMMENDATION TO COMMON COUNCIL TO TERMINATE A CONDITIONAL USE GRANT
FOR CHOIR PRACTICE IN ACCORDANCE WITH SECTION 6.03(E) OF THE ZONING
(TAX KEY NO. 2165.985)
ORDINANCE
WHEREAS, On September 3, 2002 the Plan Commission directed City Planning Staff to review
all unused Conditional Use Grants, and bring each foward for individual consideration for
possible termination, and
WHEREAS, On June 19, 1990, the Plan Commission approved a Building Site and Operation
Plan and Conditional Use Grant for Choir Practice to permit residential occupancy of a
commercial structure, for the property identified as Tax Key No. 2165.985. and
WHEREAS, The Waukesha County Department of Transportation has advised the City of
Muskego of its intent to acquire and raze the Choir Practice building as a part of the 2003-2004
reconstruction of Janesville Road, and said action requires the relocation of the building
occupants, and
WHEREAS, Section 3.06(E) of the zoning ordinance states that, "Where a permitted conditional
change in the character of the surrounding area or of the use itself causes it to be no longer
use does not continue in conformity with the conditions of the original approval, or where a
compatible with surrounding areas, or for similar cause based upon consideration for the public
welfare the conditional grant may be terminated by action of the Common Council following
thereafter be classified as legal nonconforming use, except that where the action is due to failure
referral to the Plan Commission for recommendation, and public hearing thereon. Such use shall
to comply with the conditions of the conditional grant, the Common Council may require complete
termination of such use.", and
WHEREAS, The Planning Director and City Attorney have reviewed the matter and recommend
that the Conditional Use Grant be terminated and reclassified as a legal nonconforming use.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend to the
Common Council that the Conditional Use Grant approved for the property identified as Tax Key
No. 2165.985 be terminated.
BE IT FURTHER RESOLVED, That the Plan Commission recommends that this Conditional Use
Grant be terminated with the subsequent reclassification as a legal non-conforming use.
0
Plan Commission
City of Muskego
Adopted: November 5,2002
Defeated:
Deferred:
Introduced: November 5,2002
ATTEST Sandi Asti. Recording Secretary e