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PCR2001100RESOLUTION #PC. 100-2001 RECOMMENDATION OF APPROVAL OF LEGAL LOT STATUS FOR THE PURPOSE OF ALLOWING PETITIONER TO DIVIDE A LEGAL NON-CONFORMING VACANT LOT FROM AN ADJOINING LEGAL NON-CONFORMING LOT AT S106 W20329 NORTH SHORE DRIVE (TAX KEY NO. 2286.978) WHEREAS, On June 29, 2001 a petition for legal lot status was submitted by Michael Bruch for a lot located at S106 W20329 North Shore Drive, and WHEREAS, The proposed legal lot designation would deem buildable two (2) parcels of land having approximately 90-feet and 120-feet of average lot width respectively, and each parcel will have an approximate total size of 19,000 square feet, and WHEREAS, Said properly is zoned RS-210LS Suburban Residence with a Lakeshore Overly District, requiring a minimum lot size of 13,400 square feet and an average minimum width of 74 feet, and the southern lot conforms to the zoning code, and WHERE, The north parcel will be zoned RS-2. Suburban Residence District, requiring a minimum lot size of 20,000 square feet and an average minimum width of 110 feet, and would be classified as legan non- conforming, and WHEREAS, The 2010 Comprehensive Plan depicts this area as being set aside for medium density residential development and this proposal is consistent with the plan, and WHEREAS, City sewer service is available to the parcel, and WHEREAS, Pursuant to the criteria of Section 18.23, adjacent and surrounding properties are similar in lot width and square footage, and use of said lot in conformance with Suburban Residence District uses permitted by right would not have a negative effect on property values in the immediate area, and WHEREAS. The Plan Commission determines that the property owner would incur a hardship if legal lot status were not granted. THEREFORE BE IT RESOLVED, That the Plan Commission recommends to the Common Council that approval be granted for legal lot status lot located at SI06 W20329 North Shore Drive (Tax Key No. 2286.978) 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 new Certified Survey Map for the parcels resulting from the grant of Legal Lot Status be provided to the City Plan Department within 90 days of Common Council’s approval. BE IT FURTHER RESOLVED, That the Plan Commission recommends to the Common Council that the all structural encroachments in order to bring all structures into conformance with municipal setback and petitioner shall be required to either record easements for all structural encroachments, or shall remove offset requirements. Plan Department City of Muskego Adopted July 17, 2001 Defeated Deferred Introduced: July 17, 2001 0 Attest: Sandi Asti, Recording Secretary &,u& d QdL