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PCR2001077RESOLUTION #P.C. 077-2001 APPROVAL OF A CONDITIONAL USE GRANT FOR A SECOND RESIDENCE / GUEST HOUSE ON THE RUEHLE PROPERTY LOCATED AT S77 W18312 JANESVILLE ROAD (TAX KEY 21 95.987) WHEREAS, Plans were submitted by Diane Ruehle for a Conditional Use Grant for the use of a second residential structure / guest house at the property commonly known as S77 W18312 Janesville Road, and WHEREAS, Said property is currently zoned RS-3 / OLS Suburban Residence District, as modified by the Lakeshore Overlay District, and said use is a permitted use by Conditional Use Grant, and WHEREAS, The primary residential structure is located to the north end of the property, and is classified as a legal non-conforming structure due to insufficient side yard offsets, and 0 WHEREAS, The secondary residential structure is located to the south end of the property and is classified as legal non-conforming due to insufficient side yard offsets, and insufficient front yard setbacks, and WHEREAS, The secondary residential structure is further classified as a legal non-conforming use, as only one single family residence is permitted by right on a single parcel, and WHEREAS, Petitioner requests that the secondary residential structure be classified as a second residence / guest house pursuant to Section 17:8.01 of the Zoning Code, which permits separate quarters away from the main building for household or farm employees, provided that such quarters shall be occupied only by individuals employed full time on the premises and their families; and for persons related to the residents of the principal structure provided such structure shall not be rented or leased, and provided that said quarters shall be a minimum of 1,200 square feet, and WHEREAS, Petitioner proposes to occupy the second residential structure by persons related to the occupants of the primary structure, and WHEREAS, The second residence meets the 1,200 square foot minimum size 0 requirement. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use Grant for a second residence / guest house at the Ruehle property located at S77 W18312 Janesville Road. BE IT FURTHER RESOLVED, That the second residence / guest house shall not be rented or leased, and shall only be occupied in accordance with Section 17:8.01 of the City of Muskego Zoning Code. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspect of this plan as they relate to landscape areas and drainage shall be maintained in perpetuity unless otherwise authorized by the Plan Cornmission. BE IT FURTHER RESOLVED, Where uses authorized by this Conditional Use Grant are discontinued for a period of twelve (12) consecutive months or are discontinued for eighteen (18) cumulative months in any three (3) year period, the Conditional Use Grant shall expire and this approval shall be null and void. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: June 5,2001 Defeated: Deferred: Introduced: June 5.2001 ATTEST. Sandi Asti, Recording Secretary da,YLLL J” d2d.z.L