PCR2000015RESOLUTION #P.C. 015-2000
RECOMMENDATION OF APPROVAL OF A TIMETABLE FOR THE REPEAL OF
SECTION 18.23(1), 18.23(2), AND 18.23(4) OF THE LAND DIVISION ORDINANCE
RELATING TO THE GRANT OF LEGAL LOT STATUS 0
WHEREAS, Section 18.23(1) of the Land Division Ordinance relating to conveyance
restrictions states that, "Ija lot of record does nor conform lo lhe zoning regulufions of the City
attd adjoins along a side lol line proper& held in common ownership, no such lo1 shall be
conveyed io anorher owner, nor shall a building permit be issued for a structure on such a lot
excepl in conformity wi/h fhe following ... ", and
WHEREAS, The remaining portions of Section 18.23 provide the Plan Commission and
Common Council with criteria for reviewing requests for the grant of Legal Lot Status, whereby
petitioners may separate non-confonning lots which have been combines pursuant to 18.23(1),
and
WHEREAS, The Planning Department has conducted an inventory of properties in the
City of Muskego which are eligible to petition for Legal Lot Status, and has found that there are
fourteen (1 4) potential new building sites in proximity to Lake Denoon, twenty (20) potential new
building sites in proximity to Little Muskego Lake, and twelve (12) potential new building sites in
proximity to Big Muskego Lake, and
WHEREAS, The 2005 Comprehensive Land Use Plan depicts residential development on
Little Muskego Lake, Lake Denoon, and parts of Big Muskego Lake to occur at densities not
exceeding 2.9 dwelling units per acre, and
WHEREAS, The grant of Legal Lot Status for eligible parcels would result in densities
ranging from 3.0 and 7.2 dwelling units per acre, and such densities are not in conformance with
the adopted 2005 Comprehensive Land Use Plan, and
WHEREAS, The rights associated with the Legal Lot Status were created in order to
provide the Common Council with the authority to grant legal-conforming status to lakeshore
parcels and structures which pre-date the adoption of Muskego's first zoning ordinance, and
WHEREAS, On December 6, 1999 the Committee of the Whole reviewed a possible
amendment to Section 18.23 of the Land Division Ordinance, which would provide additional
criteria for evaluating requests for Legal Lot Status, and
WHEREAS, The Committee of the Whole has declined to take action on said Land
Division Ordinance amendments, and instead has forwarded the concept of repealing the Legal
Lot Status ordinance u$er a two (2) year sunset provision to the Plan Commission for review and
consideration, and
WHEREAS, The Plan Commission finds it is desirous to preserve the rights associated
with pre-existing properties, and also finds it desirous to adhere with the density requirements of
the 2005 Comprehensive Plan, and
WHEREAS, The Plan Commission finds that it is important for all affected property
Resolution PC 015-2000
Page 2
owners to be advised of the possible changes in rights affecting their property, and finds it
desirous that all owners be involved throughout the 2 year sunset process.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend
approval to the Common Council of the repeal of Section 18.23(1), 18.23(2) , and 18.23(4)
subject to subject to the following timetable:
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: January 4,2000
ATTEST. A- L?%
Sandi Asti, Recording Secretaw