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PCR1992163m 0 RESOLUTION P.C. #163-92 RECOMMENDATION FOR DISAPPROVAL OF REZONING FROM RS-2 TO RSA IN THE NE 1/4 OF SECTION 1 BY LARRY FERBER AND BONNIE LEMKE WHEREAS, A petition has been filed by Mr. Larry Ferber and Bonnie Lemke to amend the Official Zoning Map of the City of Muskego from RS-2 Suburban Residence to RSA Attached Single Family Residence for the purpose of constructing two duplexes on vacant property (1.04 acres) located at the northeast corner of Kipling Drive and Janesville Road, and WHEREAS, The rezoning of a singular parcel of land to allow a use other than single-family residential would allow a special advantage to the parcel and would constitute spot zoning, and adjacent to the City of New Berlin and is surrounded by low density residential RS-2 development to the south, commercial RS-2/00S development on the west, commercial development to the north, and multi-family and single-family residential development to the east, and WHEREAS, The parcel is on the east side of Kipling Drive Overlay Duplex which requires that the underlying zoning district regulations remain in effect and this zoning district one (1) duplex rather than two (2) duplexes wherein the is more appropriate with the surrounding area which would allow "district is intended to provide for two-family dwelling units (duplexes) where special circumstances of location, land characteristics or type of existing use, building or proposed building would contribute to or improve the surrounding living development of the area", and and environmental character of the potential or the future WHEREAS, A more appropriate zoning for this site is RS-Z/OD WHEREAS, Sufficient land area exists for two (2) duplexes under the RSA zoning but would only allow for one (1) duplex under the RS-Z/OD wherein the land area per dwelling unit is the same as the underlying district (20,000 square feet). THEREFORE BE IT RESOLVED, That the Plan Commission recommend that the zoning be changed from RS-2 to RS-Z/OD rather than RSA Council, the Official Zoning Map be amended. and that upon the approval of the rezoning by the Common BE IT FURTHER RESOLVED, That should the Common Council approve the rezoning to RS-2/0DI a Building, Site, and Operation Plan is required to be approved by the Plan Commission prior to issuance of a Building Permit. Plan Commission City of Muskego Adopted 7- d I- 93 Defeated Deferred 1/15/92