PCR1994185RESOLUTION #P.C. 185'94
THE PROPOSED AMENDMENT TO CHAPTER 17, 3.08 APPEAL PROVISIONS
RECOMMENDATION BY THE PLAN COMMISSION OF APPROVAL OF
WHEREAS, Chapter 17, 3.08 was created to establish
procedures to entertain petitions for variances from the literal
application of the Zoning Ordinance, and
WHEREAS, The Plan Commission exercises its expertise in
rendering decisions based not only on the application of the
principles of the zoning ordinance but also knowledge of site
aesthetics, public safety, and community long range goals, and
suitability, architectural/design standards, community and site
WHEREAS, Chapter 17: 1.03 h 6.11(3) establish broad criteria
which the Plan Commission employs in the conduct of its duties
pertaining to; Building, Site and Operation Plans; Signs of a
temporary or permanent nature; Residential Out Buildings and
Conditional Use requests.
THEREFORE BE IT RESOLVED, That the Plan Commission approves
of an amendment to Chapter 17: 3.08 which will read as follows:
(Note to reader: amendments appear in bold print)
(1) Any person aggrieved, or any officer, department, board or
bureau of the City affected by a decision of the Administrative
Officer or of the Plan Commission may appeal such decision to
the Board of Appeals as hereinafter established, provided such
appeal be taken within a reasonable time, as provided by the
rules of said Board of Appeals, and provided such appeal falls
within the classification as set forth under the powers of the
Appeal Board.
(2) Unless a variance from the basic zoning regulations is
sought (e.g. a request for a 30 foot building setback where a 50
foot setback is required by the regulations of the applicable
zoning district), this section shall not apply to decisions of
the Plan Commission relating to the following: Building, Site
and Operation Plans; Signs of a temporary or permanent nature;
where a variance from the basic zoning regulations is sought,
Residential Outbuildings; Conditional Use requests. In a case
Appeals outlining its opinion and findings as they relate to the
the Plan Commission may file a recommendation with the Board of
issue(s) being appealed.
(3) Any person aggrieved by any decision by the Common Council
request such review of such decision in accordance with the
for the City of Muskego with regards to this ordinance may
procedures as set forth in Chapter 27 of the Municipal Code for
the City of Muskego and/or Chapter 68 of the Wisconsin Statutes.
BE IT FURTHER RESOLVED, That this amendment is intended to
support public safety and aesthetic concerns, maintain
surrounding property values and project a positive community
image.
Plan Commission
City of Muskego
Adopted 09-20-94
Defeated
Deferred
09-13-94