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PCR2002146RECOMMENDATION TO COMMON COUNCIL TO TERMINATE A CONDITIONAL USE GRANT RESOLUTION #P.C. 146-2002 FOF: CHOIR PRACTICE IN ACCORDANCE WITH SECTION 6.03(E) OF THE ZONING (TAX KEY NO. 2165.985) ORDINANCE 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 June 19. 1990, the Plan Commission approved a Building Site and Operation Plan and Conditional Use Grant for Choir Practice to permit residential occupancy of a commercial structure, for the property identified as Tax Key No. 2165.985, and WHEREAS, The Waukesha County Department of Transportation has advised the City of reconstruction of Janesville Road, and said action requires the relocation of the building Muskego of its intent to acquire and raze the Choir Practice building as a part of the 2003-2004 occupants, and WHEREAS, Section 3.06(E) of the zoning ordinance states that, "Where a permitted conditional change in the character of the surrounding area or of the use itself causes it to be no longer use does not continue in conformity with the conditions of the original approval, or where a welfare the conditional grant may be terminated by action of the Common Council following compatible with surrounding areas, or for similar cause based upon consideration for the public thereafler be classified as legal nonconforming use, except that where the action is due to failure referral to the Plan Commission for recornmendation, and public hearing thereon. Such use shall 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. 2165.985 be terminated. e 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. Plan Commission City of Muskego Adopted: November 5, 2002 Defeated: Deferred: Introduced: November 5, 2002 AlTESY. Sandi Asti, Recording Secretary