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PCR2002165RESOLUTION #P.C. 165-2002 RECOMMENDATION OF APPROVAL OF LEGAL LOT STATUS FOR THE PURPOSE OF ALLOWING PETITIONER TO DIVIDE A LEGAL NON-CONFORMING VACANT LOT FROM ADJOINING LEGAL SI06 W20449 BOSCH DRIVE (TAX KEY NO. 2281.993) NON-CONFORMING LOT, AND APPROVAL OF CERTIFIED SURVEY MAP AT WHEREAS, On November 20, 2002 a petition for legal lot status was submitted by Kerry Lapp for a lot adjacent to S106 W20449 Eosch Drive, and WHEREAS, The proposed legal lot designation would deem buildable a parcel of land having approximately 50 feet of average lot width, a minimum size of approximately 15,831 square feet. and WHEREAS, Said property is zoned RS-2/0LS Suburban Residence with a Lakeshore Overlay District, requiring a minimum lot size of 20,000 square feet and an average minimum width of 11 0 feet, and said lots would be classified as legal non-conforming due to lot width and lot area, and WHEREAS, The 2010 Comprehensive Plan depicts this area as being set aside for medium density residential development and this proposal is consistent with the plan, and WHEREAS, City sewer service is available to the parcels, and WHEREAS, Pursuant to the criteria of Section 18.23, adjacent and surrounding properties are similar in lot width and square footage, and use of said lot in conformance with RS-2 / OLS uses permitted by right would not have a negative effect on property values in the immediate area, and WHEREAS, The Plan Commission determines that the property owner would incur a hardship if legal lot 0 status is not granted. THEREFORE BE IT RESOLVED, That the Plan Commission recommends to the Common Council that approval be granted for legal lot status of the Lapp property citing that the subject lot is compatible to adjacent properties. has sufficient buildable area to accommodate a residence and has City sewer available. Map to the Common Council subject to resolution of technical discrepancies as identified by the City BE IT FURTHER RESOLVED, That the Plan Commission recommends approval of the Certified Survey Planning Department and City Engineers, and payment of all applicable fees in Section 18.14(3) of the Land Division Ordinance and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That a digital file of this CSM shall be submitted to the City in accordance with Common Council Ordinance No. 11 18 and Resolution 196-2002. Plan Department City of Muskego Adopted: December 3.2002 Defeated: Deferred: Introduced: December 3,2002 0 Attest: Sandi Asti, Recording Secretary J+wLt-a d