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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 * 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 /LidM c! &