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PCR20011010 RESOLUTION #P.C. 101-2001 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 S66 W18479 JEWEL CREST DRIVE (TAX KEY NO, 2174.141) WHEREAS, On June 29,2001 a petition for legal lot status for Lot 31 and Lot 32 of the Jewel Crest Subdivision was submitted by Roy Knickelbine for a lot adjacent to S66 W18479 Jewel Crest Drive, and WHEREAS, The proposed legal lot designation would deem buildable a parcel of land having 50 feet of average lot width, a total size of approximately 8,400 square feet, and WHEREAS, Said property is zoned RS-310LS 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 does not appear to meet said minimum zoning requirements, 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 RS-3 I OLS 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 is not granted, THEREFORE BE IT RESOLVED, That the Plan Commission recommends to the Common Council that approval be granted for legal lot status of Lot 31 and Lot 32 of the Jewel Crest Subdivision 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 Lot 31 and Lot 32 of the Jewel Crest Subdivision be provided to the City Plan Department within 90 days of Common Council's grant of Legal Lot Status, BE IT FURTHER RESOLVED, That the Plan Commission recommends to the Common Council that the petitioner shall be required to either record easements for all structural encroachments, or shall remove all structural encroachments in order to bring all structures into conformance with municipal setback and offset requirements. Plan Department City of Muskego Adopted Deferred: July 17, 2001 Defeated DEFEATED WITHOUT PREJUDICE: August 7,2001 Introduced: July 17, 2001 Attest: Sandi Asti. Recording Secretary WAU