PCR1999083RESOLUTION #P.C. 83-99 0 RECOMMENDATION OF APPROVAL OF LEGAL LOT STATUS FOR THE PURPOSE OF
ALLOWING PETITIONER TO DIVIDE A LEGAL NON-CONFORMWG VACANT LOT
FROM AN ADJOINING LEGAL NON-CONFORMING LOT AT W190 S7238 LOCHCREST
BOULEVARD (TAX KEY NO. 2189.073)
WHEREAS, On June 23. 1999 a petition for legal lot status for lot 8 of Hill View Farm
Lochurst Plat was submitted by David and Debra Sobczak for a lot adjacent to W190 S7238
Lochcrest Boulevard. and
WHEREAS, The proposed legal lot designation would deem buildable a parcel of land
having 30 feet of easement access to a public street, a total size of approximately 10,584 sq. ft.
and a buildable area of approximately 5,550 sq. A,, and
WHEREAS, Said property is zoned RS-3/0LS Suburban Residence with a Lakeshore
Overly District, requiring a minimum lot size of 10,000 square feet and an average minimum
width of 67 feet, and said lot appear not to meet said minimum zoning requirements due to an
average lot width of 60 feet, and
WHEREAS, The Land Use 2005 Plan depicts this area as being set aside for medium
density residential development and the RS-3 zoning district is anticipated for this area, and
WHEREAS, City sewer service is available to the parcel, and
WHEREAS, Adjacent and surrounding properties are similar in lot width and square
footage, and use of said lot in conformance with RS-3 / OLS uses permitted by right would not
have a negative effect on property values in the immediate area, and
WHEREAS, Said property is accessed by a private roadway easement, and such access is
permitted provided the roadway is constructed to municipal standards, and
WHEREAS, The Plan Commission has determined that the property owner would incur a
hardship if legal lot status is not granted,
THEREFORE BE IT RESOLVED, That the Plan Commission recommends to the
Common Council that approval be granted for legal lot status of Lot 8 of Hill View Farm
Lochurst Plat citing that the subject lot is compatible to adjacent properties, has sufficient
buildable area to accommodate residence and has City sewer available.
BE IT FURTHER RESOLVED, That the Plan Commission recommends to the Common
Council that a private access roadway serving lot 8 be constructed to municipal standards by the
petitioner prior to receiving a building permit for construction on Lot 8,
BE IT FURTHER RESOLVED, That the Plan Commission recommends to the Common
Council that a new plat of survey for Lot 7 and Lot 8 of Hill View Farm Lochurst Plat be
provided to the City Plan Department within 60 days of Common Council’s grant of Legal Lot
Status,
BE IT FURTHER RESOLVED, That the Plan Commission recommends to the Common
Council that the petitioner shall be required to either record easements for all structural
encroachments, or shall remove all structural encroachments in order to bring all structures into
conformance with municipal setback and offset requirements.
Plan Department
City of Muskego
Adopted 07-20-99
Defeated
Deferred
7-20-99
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