PCR1994203RESOLUTION #P.C. 203-94
DISAPPROVAL OF CERTIFIED SURVEY MAP CREATING
A TWO PARCEL LAND DIVISION BY MICHAEL HEISE
FOR THE PROPERTY LOCATED IN THE
SW 1/4 & SE 1/4 OF SECTION 16
WHEREAS, A Certified Survey Map was submitted on September
property at W182 S8450 Racine Avenue in the SW and SE 1/4 of
26, 1994, to finalize a two-parcel division of the Heise
Section 16, and
WHEREAS, The present use of the entire property is multiple
family and the zoning is RS-2 Single Family Residential, and
WHEREAS, The present use of the entire property is a legal
nonconforming use, and
submitted on January 6, 1994, and disapproved by both the
Common Council and the Plan Commission of the City of Muskego
and is still the subject of a lawsuit commenced by the owner of
the property.
WHEREAS, A Certified Survey Map for the same parcel was
NOW, THEREFORE, BE IT RESOLVED, That the Plan Commission Of
the City of Muskego does hereby disapprove the Certified Survey
Map to finalize a two parcel division of the Heise property
at W182 58450 Racine Avenue in the SW & SE 1/4 of Section 16
and recommends that the Common Council disapproval the same for
reasons including, but not limited to, the following:
1. Violation of §18.20(2) and §18.33(3) of the Muskego
Land Division Ordinance in that such a division would violate
applicable rules, laws, regulations, ordinances and
comprehensive plans; and
17.4.06(C) and (D) in that the non-conformity would be expanded
and enlarged and result in a greater degree of non-conformity;
and
2. Such a division would violate Muskego Ordinance
§66.23(7)(h) in that it would create a greater degree of
non-conformity; and
3. Such a division would violate Wisconsin Statute
4. A greater degree of non-conformity would be created in
that the present RS-2 zoning of the entire parcel would allow
for 30 residential units and there already exists on the parcel
parcel containing the multiple family dwellings would be to a
32 residential units and if said division were allowed, the
greater degree non-conforming and the density would be a
greatly increased and the vacant parcel could be developed
under RS-2 zoning which would create even a greater degree of
non-conformity; and
and 17.8.10(A) in that there would be more than one principal
5. Such a division would violate Muskego Ordinance 17.4.07
residence per lot and there has been no approval of a building,
site or operational plan by the Plan Commission to allow any
apartment building.
6. Section 18.33(4) of the Land Division Ordinance
requires a certified survey map to meet design standards set
set forth in Sections 18.50 - 18.61 of that ordinance and the
forth in Section 18.40-18.46 of that ordinance and improvements
certified survey map does not meet those standards.
subject to receipt of all fees required by 518.14 (3)of the
Land Division Ordinance and approval of the City Engineer.
BE IT FURTHER RESOLVED, That if approved, this approval is
CITY OF MUSKEG0
PLAN COMMISSION
Adopted 10-18-94
Defeated
Deferred
10-14-94