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PCR2004097RESOLUTION #P.C. 097-2004 RECOMMENDATION TO COMMON COUNCIL TO TERMINATE A CONDITIONAL USE GRANT IN ACCORDANCE WITH SECTION 6.03(E) OF THE ZONING ORDINANCE (TAX KEY NO. 2206.999) WHEREAS, On August 25, 2004 a letter was received in the Plan Department stating that the Conditional Use Grant for the property located at Tax Key Number 2206.999 may be terminated, and WHEREAS, On March 17, 1987, a conditional use grant was approved by Plan Commission to allow a sand and gravel extraction operation for the property identified as Tax Key No. 2206.999, and WHEREAS, On September 6, 1994, a conditional use grant amendment was approved by Plan Commission to allow the sand and gravel operation while also allowing a landscape business for the property identified as Tax Key No. 2206.999, and WHEREAS, The use for the property is now solely used as residential based upon the letter received in the Planning Department and upon a recent building permit issued for the property for a residential accessory building, and WHEREAS, Section 3.06(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 use 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.” THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend to the Common Council that the Conditional Use Grant amended and approved by Resolution #PC 170-94, for the property identified as Tax Key No. 2260.999 be terminated. BE IT FURTHER RESOLVED, That the Plan Commission recommends that this Conditional Use Grant be terminated completely, without the subsequent reclassification as a legal non-conforming use. Plan Commission City of Muskego Adopted: September 7, 2004 Defeated: Deferred: Introduced: September 7, 2004 ATTEST: Sandi Asti, Recording Secretary