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PCR2002172RESOLUTION #P.C. 172-2002 RECOMMENDATION TO COMMON COUNCIL TO TERMINATE A CONDITIONAL USE GRANT IN ACCORDANCE WITH SECTION 17:6.03(E) OF THE ZONING ORDINANCE (TAX KEY NO. 2231.995) 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 August 3, 1999, the Plan Commission approved Resolution #PC 88-99, Approval of a Conditional Use Grant for lighting of an outdoor recreational facility for the former Muskego Moose Lodge property identified as Tax Key No. 2231.995, and WHEREAS, The structures located on the property of since been razed by the property owner and the use no longer operates from the premises, and WHEREAS, Section 17:6.03(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 by Resolution #PC 88-99, for the property identified as Tax Key No. 2231.995 be terminated. 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: January 7, 2003 Defeated: Deferred: Introduced: January 7, 2003 ATTEST: Sandi Asti, Recording Secretary