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PCR2003104RESOLUTION #P.C. 104-2003 AMENDMENT TO A BULIDING SITE AND OPERATION PLAN AND DETERMINATION OF A NON-SUBSTANTIAL CHANGE TO THE APPROVED BAY BREEZE CONDOMINIUM PLANNED DEVELOPMENT TO ALLOW THE CONSTRUCTION OF AN ACCESSORY STRUCTURE LOCATED IN THE SE ¼ OF SECTION 9 (HARBOR CIRCLE) WHEREAS, On August 15, 2003 plans were submitted by the Bay Breeze Condominium Association for an amendment to a Building Site and Operation Plan and determination of a non-substantial change to the approved Bay Breeze Planned Development to allow the construction of an accessory structure located in the SE ¼ of Section 9, and WHEREAS, The structure measures 10’ x 12’, and is proposed to be located south of Building #2, approximately 20-feet from the lot line, and WHEREAS, Said property is currently zoned RS-3/B-2/OPD Suburban Residence District and Local Service Center as modified by the Planned Development District Overlay, and said structure is a permitted accessory use, and the proposal meets the bulk Code requirements, and WHEREAS, Section 17:6.02 of the Zoning Code permits the Plan Commission and Common Council to consider amendments to the District as either “substantial” or “non-substantial” changes, and In the event that an amendment is considered substantial, a public hearing would be held prior to Common Council consideration. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the construction of an accessory structure not to exceed a total of 120 square feet as submitted for the property located in the SE ¼ of Section 9. BE IT FURTHER RESOLVED, That the Plan Commission determines this to be a non- substantial change to the approved Bay Breeze Condominium Planned Development District and recommends to the Common Council that no public hearing shall be required. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspect of this plan as they relate to landscape areas and drainage shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: September 2, 2003 Defeated: Deferred: Introduced: September 2, 2003 ATTEST: Sandi Asti, Recording Secretary