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PCR2005098RESOLUTION #P.C. 098-2005 DENIAL OF A CONDITIONAL USE GRANT FOR MICHAEL BIRKLEY TO RUN A TREE SERVICE/LANDSCAPING BUSINESS IN THE NE ¼ OF SECTION 14 (TAX KEY NO. 2213.984 / DURHAM DRIVE) WHEREAS, On July 25, 2005 a request for a Conditional Use Grant was submitted by Mike Birkley to run a Tree Service/Landscaping business for a property located in the NE ¼ of Section 14 (Tax Key No. 2213.984 / Durham Drive), and WHEREAS, A Building, Site, and Operation Plan was submitted by Mike Birkley on July 6, 2005 and Planning Commission required at their July 19, 2005 meeting that the proposed use have a Conditional Use Grant before the BSO would be acted upon, and WHEREAS, The Conditional Use Grant public hearing, as required by code, was heard before Planning Commission on September 6, 2005, and WHEREAS, Said property was zoned RS-2/OHS Suburban Residence District with a Highway Service Overlay District, although the Common Council removed the OHS Highway Service Overlay District by Ordinance #1198 adopted on July 26, 2005 thus the current zoning of the property is only RS-2 Suburban Residence District subject to any vested right claim of petitioner to the RS_2/OHS zoning, and WHEREAS, The former OHS district allowed the proposed use by Conditional Use Grant although the current RS-2 Suburban Residence District only permits single-family residential uses and does not permit the proposed use by right, accessory, or conditional use grant, and WHEREAS, The Planning Commission recommended to the Common Council that the OHS zoning should be removed in its entirety under Resolution P.C. 081-2005, siting that the area is more compatible with a suburban character rather than highway character and that the area fits better with the RS-2 zoning and it is more contiguous with existing zoning. THEREFORE BE IT RESOLVED, That the Plan Commission denies a Conditional Use Grant for a Tree Service/Landscaping business for Mike Birkley on a property located in the NE ¼ of Section 14 (Tax Key No. 2213.984 / Durham Drive) first under the old zoning of RS-2/OHS pursuant to petitioner claim of vested rights and second under the RS-2 zoning. FIRST BE IT FURTHER RESOLVED, That the Plan Commission denies the Conditional Use Grant for a Tree Service/Landscaping business even if the old zoning of RS-2/OHS was still in affect as the proposed commercial use is not seen as compatible with the surrounding suburban area because due to the surrounding uses being predominantly residential; that the proposed use could negatively affect the area in regards to congestion and sound; and that the future of the area is viewed to be of a residential character in the City’s 2010 Comprehensive Plan. SECOND BE IT FURTHER RESOLVED, That the Plan Commission denies the Conditional Use Grant for a Tree Service/Landscaping business with the existing RS-2 zoning in affect as the proposed use is not an allowed use by right, accessory, or by Conditional Use Grant under the RS- 2 zoning. BE IT FURTHER RESOLVED, The Plan Commission makes no determination as to whether or not the petitioner has vested rights to the RS-2/OHS zoning as the Plan Commission denied the CUG under both the old and new zoning categories. 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 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 6, 2005 Defeated: Deferred: Introduced: September 6, 2005 ATTEST: Sandi Asti, Recording Secretary