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PCR1992087APPROVAL OF A REQUEST FOR A CONDITIONAL USE GRANT TO ALLOW AN RESOLUTION #P.C. 87-92 EXISTING DUPLEX WITHIN AN RS-2 ZONING DISTRICT AT W143 S6802 TESS CORNERS DRIVE FOR RICHARD FAHNING AMENDED WHEREAS, A petition was submitted to the Planning Department by Richard A. Fahning requesting conditional use status for an existing duplex at W143 56802 Tess Corners Drive, and (7) C. 11 permits existing duplexes as conditional uses in the RS-2 Zoning District if approved by the Plan Commission, and WHEREAS, The City's Code of Ordinances at Section 17:8.01 WHEREAS, The owners of property within 300 feet of this property have been notified of the public hearing and a public hearing has been held in conformance with Section 17:3.07 of the City's Code of Ordinances, and WHEREAS, The existing duplex would be maintained as a duplex and the present owner is seeking conditional use status in order to sell the property as a Conditional Use rather than a Legal Non-Conformity, and WHEREAS, The regulations provide that a building, site and operation plan be submitted for approval by the Plan Commission and the petition did not include said building, site and but that the City does possess a photograph which illustrates operation plan since the property has been developed since 1929 the existing conditions on the site. THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego approve the request of Mr. Richard Fahning for a duplex as a permitted Conditional Use in the RS-2 Zoning District and that the approval be subject to the conditions of Section 17:6.03 of the City's Code of Ordinances. BE IT FURTHER RESOLVED THAT, In order to protect the welfare and architectural harmony of the neighborhood in the event that the building be destroyed by any means and a new duplex be constructed on the site, the owners of said property shall submit for approval to the Plan Commission a building, site, and operation plan as required in Section 17:6.03 (3) A. 2 and that this requirement be recorded as a part of the Conditional Use Permit for the property. I -b recorded with the Waukesha County Register of Deeds which shall BE IT FURTHER RESOLVED THAT, a Conditional Use Permit be include the operational conditions of the grant and reference to the approved building, site and operation plan (photograph) which is to be kept on file at the City of Muskego. Plan Commission City of Muskego Adopted Defeated .5/ 5"9& Deferred 4-29-92