PCR1992171APPROVAL OF A REQUEST FOR A CONDITIONAL USE GRANT TO ALLOW AN
RESOLUTION #P.C. 171-92
EXISTING DUPLEX WITHIN AN RS-2 ZONING DISTRICT AT W143 57980-82
DURHAM DRIVE FOR LYNN KURER
WHEREAS, A petition was submitted to the Planning Department
by Lynn Kurer requesting conditional use status for an existing
duplex at W143 57980-82 Durham 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
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
WHEREAS, The existing duplex would be maintained as a duplex
and the present owner is seeking conditional use status rather
than its present Legal Non-Conformity status in order to
more that 50 percent of the assessed value, and
preserve the ability to rebuild the unit if it were destroyed by
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
operation plan since the property has been utilized for a duplex
photograph which illustrates the existing conditions on the
for approximately 50 years but that the City does possess a
site.
THEREFORE BE IT RESOLVED, That the Plan Commission of the
City of Muskego approve the request of Mrs. Lynn Kurer for an
existing 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
Operation plan as required in Section 17:6.03 (3) A. 2 and that
submit for approval to the Plan Commission a Building, Site, and
this requirement be recorded as a part of the Conditional Use
Permit for the property.
BE IT FURTHER RESOLVED THAT, a Conditional Use Permit be
recorded with the Waukesha County Register of Deeds which shall
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.
City of Muskego
Plan Commission
Adopted 4- y- 9t
Defeated
Deferred
7-28-92