PC 032-2021 RESOLUTIONRESOLUTION P.C. 032-2021
APPROVAL OF A CONDITIONAL USE GRANT FOR MIRAJ PARIKH
LOCATED AT W200 S10783 EAST SHORE DRIVE IN THE SW ¼ OF SECTION 32
(TAX KEY NO. 2287.012)
W HEREAS, A submittal was received from Miraj Parikh for a Conditional Use Grant (CUG) at W200 S10783
East Shore Drive / Tax Key No. 2287.012, and
WHEREAS, The petitioner is requesting to be allowed to operate a short-term vacation rental establishment
from their home/property on the east shore of Lake Denoon, and
WHEREAS, The property consists of a single-family home in the center of the lot, a garage close to East Shore
Drive and a boathouse near the water, and
WHEREAS, The petitioner and family purchased the property in 2016 and used the property and lake regularly,
and
WHEREAS, Friends and relatives have used the property along with short term and long-term renters in the
past, and
WHEREAS, The property is currently zoned as RL-2 – Lakeshore Residence District, and
WHEREAS, Vacation rental establishments are permitted by Conditional Grant, and
WHEREAS, The applicant is in the process of obtaining the rooming house permits through the State of
Wisconsin, and
WHEREAS, The petitioner will track all guests via shared rental sites and the signed registration book will be
available for review by the City as needed and said register must documenting the actual names and address
of all guests, and
WHEREAS, The petitioner has explained that there is at least one improved parking stall for every guest
bedroom, address numbers posted on the house, clearly delineated property lines via fences or vegetation and
having proper/adequate sewer facilities, and
WHEREAS, The petitioner states that only small families will be allowed and the 3 bedroom / 3,000 square foot
house can accommodate 6 adults in the bedrooms and up to 6 more adults in the upstairs bonus room and
common areas, but the intention is to limit the groups to no larger than 8, and
WHEREAS, There are not any approved short-term or vacation rental properties or bed-and-breakfast
businesses on Lake Denoon, and
WHEREAS, Long term rentals, or people leasing or renting their property for one month or more at a time , are
allowed without any approvals by the City, and
WHEREAS, Pursuant to state law, the City of Muskego is prohibited from enacting or enforcing an ordinance
that prohibits the rental of a residential dwelling for seven consecutive days or longer, and
WHEREAS, For rentals of seven consecutive days or longer the City may require a permit, which in this case is
the Conditional Use Grant with reasonable and measurable conditions, may impose a tax on the rental activity
and may limit the total number of days to no fewer than 180 days.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant for Miraj
Parikh for the allowance of a short-term vacation rental establishment subject to the contingencies listed below.
BE IT FURTHER RESOLVED, That a copy of all required state approvals needed for rooming house permits
be submitted to the City prior to renting or leasing the home.
BE IT FURTHER RESOLVED, That a survey must be provided to the City for approval illustrating and detailing
the additional physical means that will used to delineate the property lines more clearly, such as vegetation
and/or fencing.
BE IT FURTHER RESOLVED, All guest sleeping quarters are limited to the primary structure on the property
and no sleeping in the garage, boathouse, camper, vehicle or tent be allowed.
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, A copy of Department of Agriculture, Trade and Consumer Protection (DATCP)
license must be provided to city prior to renting or leasing the property.
BE IT FURTHER RESOLVED, Proper state sales and use taxes must be collected and forwarded to the
Wisconsin Department of Revenue and/or any other taxing agencies.
BE IT FURTHER RESOLVED, If rooming/lodging tax is established by the City of Muskego, this property as a
vacation rental would be subject to said tax.
BE IT FURTHER RESOLVED, An annual review of this Conditional Use Grant should be conducted annually to
ensure compliance is being maintained as it relates to all City and State codes and as it rel ates to this approval
Resolution.
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:
Defeated:
Deferred:
Introduced: June 1, 2021
ATTEST: Adam Trzebiatowski AICP, Planning Manager