PCR1974063RESOUrrION #P. C. 63-74 e (AS AMENDED)
CLARIFYING THE NONCONFORMING USE STATUS OF HALIADA CONSTRUCTION CO.
before the Plan Commission to discuss plans for the use of the
former Lindner Septic Works, and
WHEREAS on the 7th day of July, 1970, Mr. Edward Hallada appeared
WHEREAS Mr. Hallada was advised that specific proposals must be
presented to the Plan Commission in order for them to make any determi-
nation, and
by the Commission of the proposed use and on the 6th day of November,
WHEREAS Mr. Hallada has used the building without prior approval
1973, appeared before the Plan Commission for permission to make
improvements to the property which included removal of a silo, recon-
struction of the roof and building of a canopy, etc., and
WHEREAS the Plan Commission did give their approval to such a
proposal on the 6th day of November, 1973, and
WHEREAS it has now been determined that Mr. Hallada's contemplated
Commission has never given official approval to the proposed use of
remodeling was more extensive than originally proposed and that the
the building, and
WHEREAS after several meetings with the attorneys representing
determined:
receiving an opinion from the city attorney, the following has been
Mr. Hallada and residents in the immediate vicinity as well as
1. Since there has never been official approval of the use of
the building by the Plan Commission, or, in fact, there has never
been an actual proposal by Mr. Hallada for the use of the building,
the building as provided under Section 4.06 (2) B. of the zoning
it is necessary for Mr. Hallada to present his plans for the use of
ordinance.
building has not been used for nonconforming purposes during the
premises then reverts back to the underlying zoning as provided in last 12 months or for 18 accumulative months .in which case the
Section 4.06 (2) B. of the zoning ordinance.
2. It is necessary for the Plan Commission to determine if the
or not the proposed alterations of the building by Mr. Hallada are
within the guide lines set forth in Section 4.06 (2) B. of the zoning
ordinance, and
3. It is necessary for the Plan Commission to determine whether
WHEREAS the attorney for the Hallada Construction Co. presented
on March 14, 1974, the following proposed usage of the building: e 1. Storage of building construction material, and by way of
illustration such material includes lumber, roofing, doors, fini'shed
trim and siding.
Page 2 - Resolution #P.C. 63-74
2. Prefabrication of wall sections.
3. Storage of construction equipment presently consisting of the
following: 1 small bulldozer; 1 - 3 trucks depending upon outside
use away from the premises; and such trucks consisting of 2 pick-up
trucks and 1 - ton and one half flat bed truck; 3 fork lift trucks
(which are on the premises approximately ten percent of the time).
4. If permitted under the permissable non-conforming use provisions
of the Muskego ordinance, the applicant additionally would include a
personal office on the premises.
WHEREAS Building Inspector Lee has advised that it is his opinion
that there has not been a discontinuance of any use of the building
during the last 12 months or for 18 accumulative months, and
WHEREAS Mr. Hallada has advised the building and zoning department
of the city that detailed plans for the remodeling and additions to
the building will be Prepared for submittal to the Coranission.
THEREFORE BE IT RESOLVED that the Plan Commission does hereby
make the following determination:
1. That the use of the building as proposed by Mr. Edward Hallada
as indicated in the letter of March 14, 1974, would result in less
degree of nonconformity than the previous use of the septic tank
manufacture in accordance with Section 4.06 (2) B. of the zoning
ordinance.
2. That the use of the premises has not been discontinued for a
period of more than 12 months or for 18 accumulative months.
BE IT FURTHER RESOLVED that if the petitioner, Hallada Construction
Co. presents a detailed plan for the proposed remodeling of the present
building as well as a landscape plan for screening purposes which is
acceptable to the plan Commission, they will approve the use of the
property as requested.
BE IT FURTHER RESOLVED that it wuuld be the intention of the Plan
Couunission to require a cash bond in the amount of $10,000 to assure
the Commission that all proposals submitted to the Commission would
be completed by October lst, 1974, and to further assure the Couunission
that the premises will be cleared of all debris and will be landscaped
sufficiently to provide visual protection to the adjacent residential
area.
Page 3 - Resolution #P.C. 63-7
BE IT FURTHER RESOLVED that plans for the remodeling and
landscaping be submitted within one month and that the plans
indicate the proper dimensions and dates of plans as well as any
revision dates.
BE IT FURTHER RESOLVED that a detailed budget costing of any
modifications or changes on this property be submitted to assure
the Commission that the alterations will not exceed 50% of the
fair market value of the structure at the time the use became
nonconforming and that a detailed construction schedule of any
improvement on the property be submitted.
City of Muskego
Plan Commission
Adopted May 21. 1974