PCR2005114_DenialRESOLUTION #P.C. 114-2005
RECOMMENDATION OF DENIAL TO REZONE A PROPERTY FROM RSE
SUBURBAN ESTATE DISTRICT AND R-2 COUNTRY HOME DISTRICT to RS-2
SUBURBAN RESIDENCE DISTRICT AND A 2010 COMPREHENSIVE PLAN
AMENDMENT FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY
RESIDENTIAL LOCATED IN THE SW ¼ OF SECTION 24
(TAX KEY NOS. 2255.979 and 2255.998 / RYAN ROAD)
WHEREAS, On September 2, 2005 a petition for rezoning was submitted by Brian
Schoenleber to rezone properties from RSE Suburban Estate District and R-2 Country
Home District to RS-2 Suburban Residence District located on Ryan Road (Tax Key
Nos. 2255.979 and 2255.998), and
WHEREAS, A Public Hearing for the rezoning has been scheduled before the Common
Council on October 11, 2005, and
WHEREAS, The petition would permit sewered residential development allowing single-
family residential uses on 20,000 square foot lots with 110 feet of width, and
WHEREAS, The 2010 Comprehensive Plan currently depicts the property for low-
density residential uses consistent with the RSE District, and this proposal is not
consistent with this goal, and
WHEREAS, A 2010 Plan Amendment is proposed to alter the Low-Density Residential
classification to Medium Density Residential making a rezoning to RS-2 Suburban
Residence District consistent with the 2010 Comprehensive Plan, and
WHEREAS, Plan Commission previously recommended approval of a conceptual plan
for these properties to allow 11 parcels consistent with the current zoning of R-2 and
RSE districts and the petitioners have since removed this previous request due to new
evidence of the parcels inclusion in the sanitary sewer district for MMSD.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend
denial to the Common Council for the rezoning from the RSE Suburban Estate District
and R-2 Country Home District to RS-2 Suburban Residence District and a 2010
Comprehensive Plan Amendment from Low-Density Residential to Medium-Density
Residential for properties located Ryan Road (Tax Key Nos. 2255.979 and 2255.998).
BE IT FURTHER RESOLVED, That the Plan Commission recommends denial of the
rezoning and 2010 Plan Amendment due to the following reasons:
1. Non-compliance with the 2010 Comprehensive Plan was found seeing that these
parcels were intended to be low-density in nature consistent with the RSE
Suburban Estate zoning district.
2. That the current zoning of RSE Suburban Estate District, found on the southern
portion of the property, meets the intent of the future Comprehensive Plan for the
City and is seen as more favorable.
3. That the RS-2 zoning district is too intense for the immediate area north of Ryan
Road and is out of character with the development intended for this area.
4. That the Plan Commission recognizes that the petitioned parcels are within the
sewer service.
5. That if the petitioner continues to want a change from the R-2 zoning, the Plan
Commission believes that a sewered district, such as the RSE designation may
meet the intentions of the 2010 Comprehensive Plan and the overall character of
the surrounding area.
Plan Commission
City of Muskego
Adopted: October 18, 2005
Defeated:
Deferred:
Introduced: October 18, 2005
ATTEST: Sandi Asti, Recording Secretary