PCR2015056RESOLUTION #P.C. 056-2015
RECOMMENDATION TO COMMON COUNCIL TO TERMINATE CONDITIONAL USE GRANTS IN
ACCORDANCE WITH SECTION 17:14.06 OF THE ZONING ORDINANCE
WHEREAS, City Planning Staff reviewed all unused Conditional Use Grants, for consideration of possible
termination, and
WHEREAS, On August 12, 2015, letters were sent to 19 property owners explaining the possible Conditional
Use Grant termination and asked for any concerns or objections, and
WHEREAS, the following properties are being considered for Conditional Use Grant termination:
CUG # Tax Key Address Purpose
6 2232.998 S83 W20411 Janesville Road Truck Parking
18 2193.070 S75 W17226 Janesville Road Service Station
30 N/A S107 W16327 Loomis Drive (formerly) Real Estate Sign
42 2252.982 W140 S9329 Boxhorn Drive Boat Rental Business
52 2195.991 S76 W18180 Janesville Road Deli
56 2196.952 S73 W 16485 Janesville Road Carwash
57 2198.949 S73 W16485 Janesville Road Retail, Warehouse, Office (rezoned)
71 2198.948.001 S73 W16437 Janesville Road Auto Service
73 2196.958.004 S76 W17501 Janesville Road Repair/Sales Small Outboard Motors
82 2198.001.002 S72 W17130-40 Briargate Ln Duplex (rezoned)
92 2180.994.001 W193 S6775 Hillendale Drive Landfill
112 2196.032 S75 W17301 Janesville Road Day Care
115 2285.999.009 S103 W19123 Kelsey Drive Day Care
127 2221.020.002 W188 S8276 Gemini Drive Watercraft and accessory sales
131 2204.996.006 W144 S7880 Durham Drive Outdoor Recreation Facility and
60’ x 136’ pole building
145 2196.032 S75 W17321 Janesville Road Pet Shop
159 2193.125.001 S75 W17510 Janesville Road Day Care
162 2195.987 S77 W18314 Janesville Road Guest House
185 2223.001 S83 W188310 Saturn Drive Snowmobile, ATV, Motorcycles,
Personal Watercraft Sales
186 2223.994.009 W184 S8406 Challenger Drive Snowmobile, ATV, Motorcycles,
Personal Watercraft Sales
193 2204.996.006 W144 S7880 Durham Drive Guest House
WHEREAS, No concerns or objections were received from the property owners, and
WHEREAS, A public hearing was held on November 3, 2015, and
WHEREAS, Section 17:14.06 of the zoning code 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 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.
When the owner of the property/business is requesting the termination willingly, due to the use being
discontinued, a public hearing is not required. Building, Site, and Operation Plan amendment review
is still required by the Plan Commission to terminate said use in this circumstance,” and
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend to the Common Council
that the above Conditional Use Grants be terminated.
Plan Commission
City of Muskego
Adopted: November 3, 2015
Defeated:
Deferred:
Introduced: November 3, 2015
ATTEST: Kellie McMullen, Recording Secretary