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PCR1997023AMENDED APPROVAL OF AN EXISTING NONCONFORMING-NON PERMITTED RESOLUTION #P.C.23-97 DONALD M. PEIL FOR THE PROPERTY LOCATED AT 16' x 24' ACCESSORY STRUCTURE BY W194 57057 HILLENDALE DRIVE WHEREAS, Information was submitted on December 6, 1996, by Donald M. Peil in response to a violation notice for a nonconforming and non permitted 16' X 24' accessory structure at the residence located at W194 S7057 Hillendale Drive, and WHEREAS, The Plan Commission denied a previous request under Resolution #P.C. 200-96, for which the Petitioner was not in attendance to answer Plan Commission concerns, and setback and size requirements of the RS-2 zoning district and the architectural appearance would be compatible with the applicant's residence and surrounding area, and WHEREAS, The location of the accessory structure will meet the WHEREAS, The accessory structure will not meet the offset and height requirements of the RS-2 zoning district and will require a variance being granted by the Board of Appeals, and WHEREAS, The accessory structure is intended to be used for storage of vehicles and other miscellaneous materials and the Plan Commission has authority to approve the type and size of accessory structures within 60% of the total primary first floor area, and WHEREAS, Materials submitted do not propose the use neither of this nor any other structure on the property for business related activities, and THEREFORE BE IT RESOLVED, That the Plan Commission amroves of the accessory structure in accordance to Section 4.05 (lj-B and 6.11 (2). BE IT FURTHER RESOLVED, That variances for an Offset Of no more than 9 feet and a height of no more than 17 feet will be required from the Board of Appeals prior to the application of any building and zoning permits. BE IT FURTHER RESOLVED, That said structure must conform to all the requirements set forth in the City of Muskego Building Code. BE IT FURTHER RESOLVED, That subject accessory structure shall neither be used for the operation of a business nor the storage of business related materials and equipment and a building and zoning permit is required for subject second garage. 0 BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the approved site plans shall result in the issuance of fines of $100 per day per violation, the initiation of legal action, or both. Plan Commission City of Muskego Adopted 02-04-97 Defeated Deferred 01-27-96