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PCR1997213a AMENDED RESOLUTION #P.C. 213-97 APPROVAL OF AN 840 ACCESSORY STRUCTURE FOR THE BASELERPROPERTY LOCATED AT S74 W17398 LAKE DRIVE WHEREAS, A site plan and construction information was submitted on October 23, 1997, by Tim Baseler to maintain an existing 840 square foot accessory structure at the property located at S74 W17398 Lake Drive, and WHEREAS, There was a primary structure located on this lot, but was recently razed, bringing said parcel in non-compliance with Section 8.01 (7) B.1, which requires that in any residential zoned district, a primary structure must be in place before any accessory structure may be in place on a lot, and WHEREAS, The property is zoned RS-3/0LS, Suburban Residential with a Lake Shore Overlay, and requires Plan Commission approval for all secondary accessory structures, and WHEREAS, This is the only outbuilding that exist on this parcel, and WHEREAS, The existing structure is a legal non-conforming structure, being that the location of the structure would not maintain necessary offsets and setbacks, however, the ultimate height would be limited to 15 feet, the architectural appearance would be compatible with the applicant's surrounding area, and the materials submitted do not propose the use of this nor any other structure on the property for business related activities. THEREFORE BE IT RESOLVED, That the Plan Commission grants approval to maintain the existing 840 square foot accessory building at the property located at S74 W17398 Lake Drive in accordance to Section 4.05 (I) B and 6.11 (2) and that subject accessory structure not be used for the operation of a business nor the storage of business related material or equipment, and that when a new residence is in place on this lot, it maintain a minimum of 1,400 square feet of first floor primary habitable space 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. THEREFORE BE IT RESOLVED, That primary structure be built within a twelve (12) month period of time or garage shall be removed from the property. Plan Commission City of Muskego I Approved 11-04-97 I Denied Deferred 10-27-97