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PCR1992086DISAPPROVAL OF REQUEST FOR A CONDITIONAL USE GRANT TO ALLOW THE RESOLUTION #P.C. 86-92 BUSINESS PORTION AT W180 57795 PIONEER DRIVE INTO A DUPLEX FOR MULTI-FAMILY USE OF AN EXISTING STRUCTURE CONVERTING THE ALLAN BIEWER WHEREAS, A petition was submitted to the Planning Department by Allen Biwer to convert a building used as a residence and business to a duplex at W180 S7795-97-99 Pioneer Drive, and WHEREAS, The City's Code of Ordinances at Section 17:8.11 (7) C. 6 permits the multi-family use of existing structures as conditional uses in the B-1 Zoning District if approved by the Plan Commission, and property have been notified of the public hearing and a public WHEREAS, The owners of property within 300 feet of this hearing has been held in conformance with Section 17:3.07 of the City's Code of Ordinances, and building to a one bedroom apartment which would consist of a separate entrance, kitchen, bath, living room, bed room, storage space and off-street parking for two vehicles, and WHEREAS, Mr. Biwer would convert the north side of the operation plan be submitted for approval by the Plan Commission and the petition did not include said building, site and operation plan, and WHEREAS, The regulations provide that a building, site and Flooding Limits as presently defined by the City's Engineer and WHEREAS, The property is entirely within the Dam Failure the Wisconsin Department.of Natural Resources and the City Attorney's recommendation is to not approve the Conditional Use Permit until such time as the Dam Failure Flooding Limits are removed from the property. THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego disapprove the request of Mr. Allen Biwer for a duplex as a permitted Conditional Use in the B-1 Zoning District. BE IT FURTHER RESOLVED, That the City will be receptive to approving the Conditional Use Permit upon the removal of the zoning which designates the Dam Failure Flooding Limits. City of Muskego Plan Commission Adopted 5-/9 -9x Defeated Deferred 5"5* gA- 4-29-92