PCR2008063
RESOLUTION #P.C. 063-2008
APPROVAL OF A THREE LOT CERTIFIED SURVEY MAP FOR THE BIRKLEY PROPERTY
LOCATED IN THE NE ¼ OF SECTION 14
(W144 S7931 DURHAM DRIVE / TAX KEY NO. 2213.984)
WHEREAS, On July 7, 2008 a revised Certified Survey Map was submitted by Michael Birkley for a three
(3) lot land division of a property located in the NE ¼ of Section 14 (W144 S7931 Durham Drive / Tax Key
No. 2213.984), and
WHEREAS, The CSM contains two lots and one outlot, and
WHEREAS, Said property is zoned RS-2, Suburban Residence District, and
WHEREAS, The RS-2 requires minimum lot size of 40,000 square feet and an average minimum width of
220 feet for unsewered parcels and all parcels on this CSM meet said minimum zoning requirements, and
WHEREAS, The 2010 Comprehensive Plan depicts this area as low density residential and the proposal is
within this goal, and
WHEREAS, The Conservation Commission reviewed the CSM and they wanted to make sure that wetland
protection notes where placed on the CSM, and
WHEREAS, There are various environmental features, such as a pond and wetlands, on this property that
are required to be protected and the CSM has language protecting such features in addition to existing City
and State regulations, and
WHEREAS, The Public Works Committee reviewed the CSM and under the policy at that time a private
drive was allowed to be installed within the newly dedicated right-of-way as long as certain conditions were
met such as:
• Require an 8” thick 16’ wide crushed aggregate private drive with a 4” thick 16’ wide by 50’ long
area of asphalt abutting Durham Drive be constructed prior to release of building permits.
• A driveway maintenance agreement be recorded with every property so that each land owner
knows that they are responsible for all maintenance and plowing costs associated with the
driveway and that each owner knows that there will be no City maintenance, plowing, or garbage
pick up on said driveway, and
WHEREAS, The Public Utilities Committee reviewed the CSM for sewer and water determinations and they
allowed private wells and private mound/septic systems for each lot, and
WHEREAS, The Public Utilities Committee also determined that if any future divisions occur on any of
these properties, municipal sewer would need to be installed, and
WHEREAS, The Certified Survey Map depicts land dedications for right-of-way in conformity with the 2010
Street System Plan, and
WHEREAS, A grading/driveway plan has been submitted for review and comments from said review are
pending, and
WHEREAS, A CSM for the re-division of Lot 2 of this CSM for three (3) lots is also being pursued under
Resolution #P.C. 064-2008.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Michael Birkley for a three (3) lot land division of a property located in the NE ¼ of Section 14 (W144
S7931 Durham Drive / Tax Key No. 2213.984), 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 following items must be addressed:
• Require an 8” thick 16’ wide crushed aggregate private drive with a 4” thick 16’ wide by 50’ long
area of asphalt abutting Durham Drive be constructed prior to release of building permits.
• A driveway maintenance agreement be recorded with every property so that each land owner
knows that they are responsible for all maintenance and plowing costs associated with the
driveway and that each owner knows that there will be no City maintenance, plowing, or garbage
pick up on said driveway.
BE IT FURTHER RESOLVED, That a mortgage certificate needs to be added to the CSM if there is a
mortgage on the property.
BE IT FURTHER RESOLVED, That the map on the CSM needs to specifically label the 75’ Wetland
Protection Offset.
BE IT FURTHER RESOLVED, That the driveway for the existing house on Lot 1 must be relocated to gain
access from Summertime Lane once it is installed.
BE IT FURTHER RESOLVED, That the Public Utilities Committee determined that if any future divisions
occur on any of these properties, municipal sewer may need to be installed to all properties.
BE IT FURTHER RESOLVED, That any pending grading/driveway plan comments will need to be
addressed and approved before the CSM can be recorded and if any notes, easements, or changes to the
CSM are required, based upon final grading plan approval, said change must be made before the CSM can
be recorded.
BE IT FURTHER RESOLVED, That a digital file of this CSM shall be submitted to the City in accordance
with Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted: July 15, 2008
Defeated:
Deferred:
Introduced: July 15, 2008
ATTEST: Kellie McMullen, Recording Secretary
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