Plan commission approves two‑lot CSM for Mystic Drive property, subject to road reservation dedication

The City of Muskego Plan Commission on March 3 approved Resolution PC0082026, allowing a two‑lot certified survey map (CSM) for a parcel near W151 S7960 Mystic Drive (tax key 2214993001) subject to converting an existing road reservation, known as Mystic Court, into a dedication.

Planner Trezbutowski told the commission the split would create one lot of roughly 46,000 square feet and another about 91,000 square feet. The site sits on a legacy road reservation rather than a constructed public road; staff recommended the reservation be dedicated by Common Council as a condition of approval but recommended that the city not require immediate improvements because the reservation currently leads to no developed connection.

"The approval assumes they're gonna get that" dedication, the planner said, and noted that if the dedication is not completed the land division could not proceed. Staff also proposed deed restrictions on the CSM prohibiting access to Mystic Court until it is improved to city standards, and recommended that any future intensification or additional access would trigger requirements that the party creating that additional access pay for improvements.

Commissioners discussed liability, the history of reservations versus dedications under state statute and whether the city would be compelled to build the road for a single future home. Staff said the city typically does not construct such roads; when additional access or intensity is added, the property owner would be required to pay for necessary improvements.

After discussion, the commission approved the CSM unanimously; staff will work with the city attorney on legal language for the dedication and restrictions before the matter proceeds to the Common Council.