PCR20010130 ADOPTED
RECOMMENDATION TO COMMON COUNCIL TO TERMINATE A
CONDITIONAL USE GRANT IN ACCORDANCE WITH SECTION 6.03(E) OF
THE ZONING ORDINANCE
(TAX KEY NO. 2192.998 / W191 S7690 RACINE AVENUE)
RESOLUTION #P.C. 013-2001
WHEREAS, On January 30,2001 a request was received by Edna Giesegh to
receive sanitary sewer billings at the residential rate for the property known as
W191 S7690 Racine Avenue, and
WHEREAS, The subject property is zoned RS-2 Suburban Residence District
and was granted an automatic conditional use grant for the tavern operation
known as the Parkside Inn, and
WHEREAS, Edna Giesegh has stipulated that the tavern operation ceased two
years ago, and the City Clerk’s Office has affirmed that the liquor license
associated with the Parkside Inn expired in June 1999, and
WHEREAS, Section 3.06(E) of the zoning ordinance states that, “Where a
permitted conditional use does not continue in conformity with the conditions of
the original approval, or where a change in the character of the surrounding area
or of the use itself causes it to be no longer compatible with surrounding areas,
or for similar cause based upon consideration for the public welfare the
conditional grant may be terminated by action of the Common Council following
referral to the Plan Commission for recommendation, and public hearing thereon.
Such use shall thereafter be classified as legal nonconforming use, except that
where the action is due to failure to comply with the conditions of the conditional
grant, the Common Council may require complete termination of such use.” , and
WHEREAS, The 2010 Comprehensive Plan indicates that the subject property
should be used for medium density single family development, and
WHEREAS, The structure located on the property is currently occupied for single
family residential use, and
WHEREAS, A public hearing has been scheduled before the Common Council to
consider the termination of the automatic conditional use grant associated with
the Parkside Inn.
0
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby
recommend to the Common Council that the automatic conditional use grant
associated with the Parkside Inn, for the property known as W191 S7690 Racine
Avenue, Tax Key No. 2192.998, be terminated, and
0 BE IT FURTHER RESOLVED, That the Plan Commission recommends that this
automatic conditional use grant be terminated completely, without the
subsequent reclassification as a legal non-conforming use.
Plan Commission
City of Muskego
Adopted: February 6, 2001
Defeated:
Deferred:
Introduced: February 6, 2001
ATTEST. Sandi Asti, Recording Secretary
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