PCR2002131RESOLUTION #P.C. 131-2002
RECOMMENDATION TO COMMON COUNCIL TO TERMINATE A
CONDITIONAL USE GRANT IN ACCORDANCE WITH SECTION 6.03(E) OF
THE ZONING ORDINANCE
(TAX KEY NO. 2223.001)
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 June 1, 1999, the Plan Commission approved Resolution #PC
40-99, Approval of a Building Site and Operation Plan and Conditional Use Grant
for sales and service of snowmobiles, personal watercraft, and ATVs for the
property identified as Tax Key No. 2223.001, and
WHEREAS, Petitioner has since relocated to another property and no longer
operates from the premises, 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
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby
recommend to the Common Council that the Conditional Use Grant approved by
Resolution #PC 40-99, for the property identified as Tax Key No. 2223.001 be
terminated.
a
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BE IT FURTHER RESOLVED, That the Plan Commission recommends that this
Conditional Use Grant be reclassified as a legal non-conforming use.
Plan Commission
City of Muskego
Adopted: October 1, 2002
Defeated:
Deferred:
0 Introduced: October 1 2002
ATTEST. Sandi Asti, Recording Secretary
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