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PCR2003004RESOLUTION #P.C. 004-2003 RECOMMENDATION OF APPROVAL OF LEGAL LOT STATUS FOR THE PURPOSE OF ALLOWING PETITIONER TO DIVIDE A LEGAL NON-CONFORMING VACANT LOT FROM ADJOINING LEGAL NON-CONFORMING LOT, AND APPROVAL OF CERTIFIED SURVEY MAP AT S70 W18896 GOLD DRIVE (TAX KEY NO. 2180.932) WHEREAS, On December 30, 2002 a petition for legal lot status for lots at S70 W18896 Gold Drive was submitted by Murn Law Offices for lots at W136 S8368 Holz Drive, and WHEREAS, The proposed legal lot designation would deem buildable parcels of land having approximately 53 feet of average lot width, a minimum size of approximately 14,600 square feet, and WHEREAS, Said property is zoned RS-3/OED Suburban Residence with a Existing Development Overlay District, requiring a minimum lot size of 15,000 square feet and an average minimum width of 100 feet, and Parcel 1 would be classified as legal non-conforming, 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-3 / OED 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 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 Collins property located at S70 W18896 Gold Drive citing that the subject lot is compatible to adjacent properties, has sufficient buildable area to accommodate a residence and has City sewer available. BE IT FURTHER RESOLVED, That the Plan Commission recommends approval of the Certified Survey Map to the Common Council subject to resolution of technical discrepancies as identified by the City 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. 1118 and Resolution 196-2002. Plan Department City of Muskego Adopted: February 4, 2003 Defeated: Deferred: Introduced: February 4, 2003 Attest: Sandi Asti, Recording Secretary