PCR2002125e RESOLUTION #P.C. 125-2002
RECOMMENDATION TO COMMON COUNCIL TO TERMINATE A
CONDITIONAL USE GRANT IN ACCORDANCE WITH SECTION 6.03(E) OF
THE ZONING ORDINANCE
(TAX KEY NO. 2257.978.005)
WHEREAS, On September 3, 2002 the Plan Commission directed City Planning
Staff a to review all unused Conditional Use Grants, and bring each forward for
individual consideration for possible termination, and
WHEREAS, On September 21,2000, the Plan Commission approved Resolution
#PC 100-99, Approval of a Building Site and Operation Plan and Conditional Use
Grant for a Gasoline Service Station and Convenience Store, for the property
identified as Tax Key No. 2257.978.005, and
WHEREAS, Section 17:6.12 of the Zoning Code states that "Plan commission
approvals granted for building, site and operation plans, signs, second garage
structures, temporary structures and sketch land divisions in which the petitioner
has not commenced construction activity or preparation of the land, or has not
submitted a Certified Survey Map or Preliminary Plat within the past 24 months of
the date of approval, said approval will expire and reapplication will be required.
A reapplication shall be limited solely to reasonable compliance with current
design, locational, and operational requirements. A reapplication shall not
involve the basic permissibility of the use where such use is permitted by right at
the time of reapplication. The Plan Commission may grant one six month
extension if requested 30 days prior to the pending expiration date provided that
the applicant demonstrates a valid cause."
WHEREAS, On September 18, 2001 the Plan Commission approved Resolution
#PC 142-2001, granting a six month time extension, and
WHEREAS, The Building Site and Operation Plan approvals expired on March
18,2002, 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
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WHEREAS, The petitioner has not commenced construction activity or
preparation of the land and therefore has not complied with the conditions of the
original approval.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby
recommend to the Common Council that the Conditional Use Grant approved by
Resolution #PC 100-99, for the property identified as Tax Key No. 2257.978.003
be terminated.
BE IT FURTHER RESOLVED, That the Plan Commission recommends that this
Conditional Use Grant be terminated completely, without the subsequent
reclassification as a legal non-conforming use.
Plan Commission
City of Muskego
Adopted: September 17,2002
Defeated:
Deferred:
Introduced: September 17, 2002
ATEST. Sandi Asti, Recording Secretary