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