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PCR1995029AMENDED RESOLUTION P.C. 29-95 APPROVAL OF CONDITIONAL USE GRANT AND BUILDING, SITE & OPERATION PLAN TO ALLOW A MOTHER-IN-LAW UNIT AT W194 58464 PROVIDENCE WAY (ALIOTO PROPERTY) Department by Robert Alioto and David & Goliath Builders, Inc. for a single family residence and a mother-in-law unit at W194 58464 Providence Way which requires a Conditional Use Permit within the RS-2/OPD Zoning District, and WHEREAS, Building plans were submitted to the Planning WHEREAS, The owners of property within 300 feet of the subject residence have been notified of the public hearing, and WHEREAS, A public hearing has been held in conformance with Section 17:3.07 of the City's Code of Ordinances, and WHEREAS, The building plans depict a lower level living unit totaling 1134 square feet and consisting of a full kitchen, full bath, family room, two bedrooms, laundry room, sliding glass doors to rear yard area, direct access to an attached garage, the structure, and independently functioning exits/entrances in the basement area of WHEREAS, Section 17:9.03 of the City's zoning ordinance permits this type of use, up to a maximum of 800 square feet, as a Conditional Use in the RS-2/0PD zoning district upon approval of the Plan Commission provided that the architectural character of the residence remains single family and that one person in each unit be related to a person in the other unit by blood, marriage or adoption, and its designation as a planned unit development, specifically identifies two-family duplex lots within its boundaries, and WHEREAS, The Plum Creek East subdivision, as a requirement of WHEREAS, This request represents a two-family duplex lot not previously approved/designated by the Plan Commission or Common Council as part of the original planned unit development for the Plum Creek East subdivision. THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego approve the request of Robert Alioto and David & Goliath Builders for a single family residence and a mother-in-law unit at W194 58464 Providence Way and that the approval be subject to the conditions of Section 17:8.01 (7) C, 10 of the City's Code of Ordinances. BE IT FURTHER RESOLVED, The Plan Commission finds that: 1. The two-family duplex residence exceeds the square footage limitations of a true mother-in-law living unit by t designation. 334 square feet and therefore requires a OD Duplex District 2. The two-family duplex residence at this location was not approved as part of the planned unit development for the Plum Creek East subdivision. 3. The two-family duplex residence does not meet interior access requirements/restrictions for a mother-in-law residence as exits/entrances from each living unit can function independently of the other. BE IT FURTHER RESOLVED, That this approval is subject to annual inspection of said unit and that proof of relative relationship required. BE IT FURTHER RESOLVED, That a variance is required from the Board of Appeals to allow the excess square footage of 334 sq.ft. from the allowable 800 sq.ft. City of Muskego Plan Commission Adopted 04-04-95 Defeated Deferred 03-21-95 I 03-13-95