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PCR2019070 Balcerzak CUG RESOLUTION P.C. 070-2019 APPROVAL OF A CONDITIONAL USE GRANT FOR BILL & JENNIFER BALCERZAK LOCATED AT S64 W13896 JANESVILLE ROAD IN THE NW ¼ OF SECTION 1 (TAX KEY NO. 2162.994) WHEREAS, A submittal was received from Bill & Jennifer Balcerzak for a Conditional Use Grant at S64 W13896 Janesville Road / Tax Key No. 2162.994, and WHEREAS, The parcel contains an existing house along with two additional commercial buildings, and WHEREAS, The petitioner, Bill & Jennifer Balcerzak, is now requesting to be allowed a residential use to occur on the same property as the commercial use(s), and WHEREAS, The two additional commercial buildings, on the same property as the residential house, will continue to be used for commercial uses, and WHEREAS, The property is currently zoned as B-2 - Local Service Center District, and WHEREAS, Residential quarters are permitted by Conditional Grant when located in the same building as the business in the B-2 District and this request includes a slight variation allowing a residence on the same property as the business uses, and WHEREAS, The residential use/home has existed on the property long before the business uses where present (built in the 1950’s), and WHEREAS, The proposed residential use is no longer a legal non-conforming use since the home was vacant and not used as a residence for more than the past twelve months, and WHEREAS, This grant would also allow the future possibility of a business to operate out the home, along with the residential quarters, subject to City approvals. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant for Bill & Jennifer Balcerzak for the allowance of a residential use on the same property as a business and the possibility of business operations within the residence itself, subject to the contingencies listed below. BE IT FURTHER RESOLVED, That a Business, Site and Operations Plan and/or Business Registration is required for the commercial use prior to a residential use being approved in the existing home. BE IT FURTHER RESOLVED, That at least two (2) parking stalls for the residential use be separate from the required business parking on site. BE IT FURTHER RESOLVED, No outside storage/display of any parts, materials, junked/wrecked vehicles, trailers, etc. is allowed on site at any time. BE IT FURTHER RESOLVED, Any new/altered exterior lighting (wall mounted and/or pole mounted) will need approvals from the Planning Division before any lighting changes can be made and all City required lighting specs must be met, include all fixtures being full cut-off with zero degree tilt. BE IT FURTHER RESOLVED, That any signage (temporary or permanent) must first receive City approvals/permits. BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, 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: December 3, 2019 Defeated: Deferred: Introduced: December 3, 2019 ATTEST: Adam Trzebiatowski AICP, Planning Manager