PCR2002145RECOMMENDATION TO COMMON COUNCIL TO TERMINATE A CONDITIONAL USE GRANT
FOR PRESTIGE AUTO IN ACCORDANCE WITH SECTION 6.03(E) OF THE ZONING
ORDINANCE
(TAX KEY NO. 2165.984)
WHEREAS, On September 3, 2002 the Plan Commission directed City Planning Staff to review
all unused Conditional Use Grants, and bring each forward for individual consideration for
possible termination. and
WHEREAS, On December 17, 1991, the Plan Commission approved a Building Site and
Operation Plan and Conditional Use Grant for Prestige Auto for the repair and painting of
automobiles; boat repair, and boat parking, for the property identified as Tax Key No. 2165.984,
and said approvals were amended by the Plan Commission on May 5. 1992, and
WHEREAS, The Waukesha County Department of Transportation has advised the City of
reconstruction of Janesville Road, and said action requires the relocation of Prestige Auto, and
Muskego of its intent to acquire and raze the Prestige Auto building as a part of the 2003-2004
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
WHEREAS, The Planning Director and City Attorney have reviewed the matter and recommend
that the Conditional Use Grant be terminated and reclassified as a legal nonconforming use.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend to the
Common Council that the Conditional Use Grant approved for the property identified as Tax Key
No. 2165.984 be terminated.
BE IT FURTHER RESOLVED, That the Plan Commission recommends that this Conditional Use
Grant be terminated with the subsequent reclassification as a legal non-conforming use.
RESOLUTION #P.C. 145-2002
Plan Commission
City of Muskego
Adopted: November 5, 2002
Defeated:
Deferred:
Introduced: November 5, 2002
ATTEST, Sandi Asti, Recordina Secretary