PCR2002063ARESOLUTION #PC 063A-2002
APPROVAL OF A ONE (1) LOT LAND DIVISION FOR THE TOWNE REALY PROPERTY LOCATED IN
THE SW X OF SECTION 13 (TAX KEY NO. 221 1.999 I W131 S8489 DURHAM)
WHEREAS, On April 24. 2002 a Certified Survey Map was submitted by Towne Realty for a one (1) lot
land division of the property located in the SW %of Section 13, (221 1.999 I W131 $38489 Durham Drive),
and
WHEREAS, The proposed land division would create a lot with a minimum area of 219. 991 square feet
(5.05 acres) and an average minimum width of 450 feet, and
WHEREAS, Said properties are zoned R-2 Country Home District, requiring a minimum lot size of 60,000
square feet and an average minimum width of 175 feet, and said parcel meets said minimum zoning
requirements for lot width and area, and
WHEREAS, The 2010 Comprehensive Plan depicts this area as being set aside for low density
residential development and this proposal is within this goal, and
WHEREAS, Municipal sanitary sewer and water will be installed in conjunction with the adjacent
subdivision project to serve the proposed parcel, and
WHEREAS, All rights-of-way have been dedicated in accordance with the 2010 Street System Plan, and
WHEREAS, The Zoning Code allows accessory structures to total 2-percent of the land area, and the
parcel is allowed 4.400 SF of accessory structures, and per the assessment records the property has
accessory structures totaling 5.785 SF. and
WHEREAS, The Zoning Code makes exceptions for structures that are determined to fit the definition of
"rustic," and such structures are subject to review by the Conservation Committee and the Plan
Commission and require a Conditional Use Grant,. and
WHEREAS, On June 4, 2002 the Plan Commission held a Conditional Use public hearing to designate
Rustic Structures on the parcel, and
WHEREAS, On June 12, 2002 the Conservation Commission recommended said Rustic Structure
designations, and
WHEREAS, Two structures are illustrated to encroach into the public right-of-way, and are permitted to
Public Works and Publi~.UtilitiesComm.ittees forwonflid with.proposed.infrastructure.
remain subject to petitioner's execution of Revokahle Occupancy Permits ..lhis.is. subject lo.review~bythe
THEREFORE BE IT RESOLVED, That the Plan Commission approve of a Certified Survey Map being
submitted creating a two (2) lot land division of the BskTowne Realty property in #eNLLmS
SW X of Section 11 13 subject to resolution of technical discrepancies as identified by the City Planning -I
Department and City Engineers, and payment of all applicable fees in Section 18.14(3) of the Land
Division Ordinance and outstanding assessments if applicable.
BE IT FURTHER RESOLVED, That the two structures which encroach into the public right-of-way may be
permitted to remain upon the gmw+ petitioner's executton and recordation of efa revocable occupancy
permits concurrenl with City execution of the Certified Survey Map.
BE IT FURTHER RESOLVED, That a '.DXF file of this CSM be submitted to the City prior to City
signatures being placed upon the CSM (3-1/2" diskette).
Plan Commission
City of Muskego
Adopted: June 18,2002
Defeated:
Deferred: May 7, 2002, May 21, 2002,
Introduced: May 7, 2002
ATEST. Kellie Renk, Recording Secretary