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PCR1992108APPROVAL OF FENCE WITHIN THE BASE SETBACK LINE FOR ERIC TREBA AT RESOLUTION P.C. #108-92 Wl88 S10411 KELSEY DRIVE within the base setback line on his property on Kelsey Drive, WHEREAS, Mr. Eric Treba is proposing to construct a fence and WHEREAS, Kelsey Drive is designated as an 80 foot roadway on the City's Highway Width Map which was adopted by the Common Council of the City of Muskego and Section 17:5.02 (2) A. 1. of the City's Code of Ordinances establishes the base setback line as one-half the width of the highway, and WHEREAS, Section 17:5.02 (2) E. states that "Additions to and replacements of existing structures lying between the Base Setback Line and the existing street right-of-way may be made subject to approval of the Plan Commission and provided the owner will file with the City and record as part of the deed for such property an agreement in writing to the effect that the owner will remove all new construction, additions and replacements erected after the adoption of this Ordinance at his will claim no damage for the same". expense, when necessary for the improvement of the street and NOW THEREFORE BE IT RESOLVED, That the Plan Commission approve the placement of a fence within the base setback line City and record as part of the deed for such property an subject to the stipulation that Mr. Treba will file with the agreement in writing to the effect that the owner will remove all new construction, additions and replacements erected after the adoption of this Ordinance at his expense, when necessary for the improvement of the street and will claim no damage for the same. BE IT FURTHER RESOLVED, That this requirement shall be met within 90 days of Plan Commission approval. Plan Commission City of Muskego Adopted Defeated Deferred 5/13/92