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PCR2004036CORRECTED* TWICE AMENDED** RESOLUTION #P.C. 036-2004 APPROVAL OF A CONDITIONAL USE GRANT FOR A SECOND RESIDENCE / GUEST HOUSE ON THE GOFF/GUZIEWICZ PROPERTY LOCATED AT S94 W13272 RYAN ROAD (TAX KEY 2255.978) WHEREAS, Plans were submitted by Andrew Goff and Christopher Guziewicz for a Conditional Use Grant for the use of a second residential structure / guest house at the property commonly known as S94 W13272 Ryan Road, and WHEREAS, Said property is currently zoned RSE Suburban Estate District and R-2 Country Home District, and said use is a permitted use by Conditional Use Grant, and WHEREAS, The primary residential structure is located to the south end of the property, and is classified as a conforming structure, and **WHEREAS, The secondary residential structure is located 10 feet to the northwest of the principal structure and appears conforming, and WHEREAS, Petitioner requests that the secondary residential structure be classified as a second residence / guest house pursuant to Section 17:8.01 of the Zoning Code, which permits guest houses on lots of at least 120,000 square feet provided such structure shall not be rented or leased and such structure shall be a minimum of 1,200 square feet, and WHEREAS, Petitioner proposes to occupy the guest house without intentions of renting or leasing the structure, and WHEREAS, The second residence meets the 1,200 square foot minimum size requirement. WHEREAS, The parcel meets the 120,000 square foot minimum size requirement. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use Grant for a second residence / guest house at the Andrew Goff and Christopher Guziewicz property located at S94 W13272 Ryan Road. BE IT FURTHER RESOLVED, That the second residence / guest house shall not be rented or leased, and shall only be occupied in accordance with Section 17:8.01 of the City of Muskego Zoning Code. BE IT FURTHER RESOLVED, That guest house shall meet all building and zoning requirements at the time of permitting. 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, Where uses authorized by this Conditional Use Grant are discontinued for a period of twelve (12) consecutive months or are discontinued for eighteen (18) cumulative months in any three (3) year period, the Conditional Use Grant shall expire and this approval shall be null and void. 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. *BE IT FURTHER RESOLVED, That a biannual biennial review will be conducted on the use of the guest house. Plan Commission City of Muskego Adopted: March 30, 2004 April 20, 2004 Defeated: Deferred: Introduced: March 30, 2004 ATTEST: Sandi Asti, Recording Secretary