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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