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PCR1999036RESOLUTION #P.C. 36-99 APPROVAL OF A 120' WIND GENERATOR TOWER FOR THE BRZEZINSKI PROPERTY LOCATED AT W200 S8443 WOODS ROAD (Tax Key No. 2227.988.009) WHEREAS, A site plan and construction information was submitted on March 31, 1999 by T Michael Schober to construct a 120 foot tall accessory structure for generating electricity at the Brzezinski property located at W200 S8443 Woods Road, and WHEREAS, The property is zoned A, Agricultural District, and where said structure is a permitted accessory use and subject to Plan Commission review per 17. 4.05(1)C, and WHEREAS, The overall height of the structure is subject to Plan Commission approval per 17. 5.03(D), and WHEREAS, Wisconsin State Statute 866.031 provides guidance to municipalities in regulating wind energy systems, and WHEREAS, A detached garage exists on the parcel to date, and WHEREAS, The location of the structure maintains all necessary offsets and setbacks THEREFORE BE IT RESOLVED, That the Plan Commission approves of a structure for the purpose of generating electricity not exceeding 120 feet in height for the Brzezinski property located at W200 S8443 Woods Road in accordance to Section 4.05(1)C, 5.03(D), and Wis. Stats. tj66.03 1 and that subject accessory structure not be used for the operation of a business. 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 Approved 04-20-99 Denied Deferred 4- 12-99