In 1997 the Town of Pewaukee approved a Certified Survey Map (CSM) that combined two Hill 'n Dale lots into one lot, having a house that fronts on Shady Lane and the rear lot that previously fronted on Hill 'n Dale Circle South-see air photo. Sanitary sewer is in Hill 'n Dale Circle but not Shady Lane. At that time ('97) the Town and State had a regulation that required properties to connect to sanitary sewer within one year of availability. Prior to the CSM combination, the house on the Shady Lane lot did not have access to sewer, but the vacant lot on Hill n Dale Circle did have access to sewer. The combination of the two lots into one lot created one lot with sewer availability via the rear yard (Hill n Dale Circle). We find no records of discussions at either the Plan Commission or the Town Board regarding the connection to sewer as a condition of this CSM, or dispensation of same.

In year 2000 the City of Pewaukee became aware of a change in the State regulations that no longer required connection to the sewer within one year, leaving the sewer connection issues to the local community. The City opted to extend that connection deadline to within 15 years of sewer availability.

City staff lost track of this issue (sewer connection) until we were contacted by the owner Mr. Kleinhaus inquiring whether he had to connect to sewer, or inform new owners that they had to connect to the sewer up the sale of his home. Mr. Kleinhaus also inquired whether he could revert the one lot to the original two lots, which he can no longer do (City ordinance prohibits the creation of a residential lot less than 2 ac in size without sanitary sewer). Mr. Kleinhaus' attorney, Mr. Guyette continued the conversations with the City, and the attached e-mail summarizes well the issue.

At this time the applicant is requesting the Common Council to continue the deferral from requiring this property to connect to the sewer until the sewer becomes available from Shady Lane.  

It should be noted that the City of Pewaukee lost track of this parcel as it relates to sewer connection and that the Pewaukee Common Council had not extended the sewer connection beyond the current 15 year deadline expired in 2011.