PCR1999102TWICE AMENDED
RESOLUTION #P.C. 102-99
RECOMMENDATION OF APPROVAL OF LEGAL LOT STATUS FOR THE PURPOSE OF
ADJOININGNON-CONFORMINGLOT W182 S6573 GARNET DRIVE (TAX KEY
N0.2174.949)
ALLOWING PETITIONER TO DIVIDE ANON-CONFORMING VACANT LOT FROM AN
WHEREAS, On August 2, 1999 a petition for legal lot status was submitted by Lawrence
and Denise Keller for a part of the property more commonly known as W182 S6573 Garnet
Drive, and
WHEREAS, The proposed legal lot designation would deem individually buildable or
salable two parcels of land, with the first parcel having 40 feet of public street frontage and being
approximately 4,420 square feet in area, and a second parcel having easement access to a public
street and being approximately 7,600 sq. ft. in area, 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 lot
area and an average lot width of 65 feet and 68 feet respectively, and
WHEREAS, in 1963 the Board of Appeals granted dimensional variances relating to the
structure on the property, and said variance required the joining of non-conforming parcels in 0 order to decrease the degree of non-conformity, and
WHEREAS, in 1976 a request to divide the parcel and confer legal lot status was denied,
WHEREAS, in 1984 the parcels were combined by certified survey map, and
WHEREAS, said property is within the boundaries of the 100 year floodplain, and is
subject to applicable rules regarding filling, grading, and construction of buildings and structures,
and
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 public street and a private roadway easement,
0 and such access is permitted, and
WHEREAS, The Plan Commission has determined that the property owner would incur a e hardship if legal lot status is not granted,
THEREFORE BE IT RESOLVED, That the Plan Commission recommends to the
Common Council to deny without prejudice.
Plan Department
City of Muskego
Adopted
Defeated
Deferred 09-07-99 09-21-99
11-16-99
I i Deny Without Prejudice 12-07-99 9-7-99
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