153 - 2/1/2000October 24,2002
OFFICE OF THE CLERK-TREASURER
Jean K. Marenda, CMC
Clerk-Treasurer
jmarenda@ci.muskego.wi.us
(262) 679-5625
\ 53
Mr Jack Henry
O'Malley Investments
5200 Loomis Road
Greendale. WI 53129
Dear Mr. Henry:
At the meeting on October 22,2002, the Common Council of the City of Muskego
adopted Resolution #201-2002 entitled "Resolution to Terminate Conditional
Use Grant Gasoline Service Station for the OMalley Investments, Inc. Parcel."
A copy of that resolution is enclosed for your records.
Sincerely,
CITY OF MUSKEG0
Deputy Clerk
mep
enclosure
W182 S8200 Racine Avenue Box 749 Muskego, Wisconsin 53150-0749 Fax (262) 679-4106
7. -
RESOLUTION TO TERMINATE CONDITIONAL USE GRANT
GASOLINE SERVICE STATION FOR THE
O'MALLEY INVESTMENTS, INC. PARCEL
WHEREAS, On February 1, 2000 by Resolution #PC 112a-99, the Plan Commission approved
a Building, Site and Operational Plan and Conditional Use Grant for a gasoline service station
and convenience store for the O'Malley Investments, Inc. property located at the NE corner of
STH 45 and STH 36 (Tax Key Nos. 2257.978.004 and 2257.997 and part of the adjacent
WEPCO right-of-way; and
WHEREAS, Said approval was subject to the time restrictions for Plan Commission approvals
found in Section 6.12 of the City of Muskego Zoning Ordinance; and
WHEREAS, On January 15, 2002, the Plan Commission approved a six-month time extension
as no construction activity nor other activity as required by Section 6.12 of the City of Muskego
Zoning Ordinance had taken place in the previous 24 months; and
WHEREAS, No construction nor other activity was commenced on this parcel, and the Building,
Site and Operational Plan approval expired on July 15, 2002; and
WHEREAS, The Plan Commission adopted Reso. #PC. 127-2002, recommending complete
termination of the conditional use grant in accordance with Section 6.03 (E) of the Zoning
Ordinance without subsequent reclassification as a legal non-conforming use; and
WHEREAS, A public hearing was held on October 22, 2002
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego.
upon the recommendation of the Plan Commission, does hereby completely terminate
Conditional Use Grant No. 153, without subsequent reclassification as a legal flOn-COnfOrming
use, on the O'Malley Investments, Inc. property located at the NE corner of STH 45 and STH 36
(Tax Key Nos. 2257.978.004 and 2257.997 and part of the adjacent WEPCO right-of-way) for
the reasons stated in Resolution #P.C. 127-2002 including but not limited to failure to comply
with the conditions of the Conditional Use Grant.
BE IT FURTHER RESOLVED That termination of said Conditional Use Grant shall be effective
immediately upon adoption of this Resolution.
DATED THIS 22nd DAY OF October ,2002.
SPONSORED BY:
Ald. William Le Doux
This is to certify that this is a true and accurate copy of Resolution #201-2002 which
was adopted by the Common Council of the City of Muskego.
10102 jm
Please see attached.
WFIUKESHQ COUNTY, W1 REGISTER'S OFFICE
RECORDED ON
MlCHFlEL J. HQSSLINGER REGISTER DF DEEDS
REC. FEE: 20.00 REC. FEE-CO: 4.B0
~ REC. FEE-ST: 2.08
I RFIN. FEE: TRFIN. FEE-STOTE: POGES : 3
City of Muskego
Attn: Sandi Asti
Post Off ice Box 749
Muskego, WI 53150 L
........... .I ............."... .................................................................................................................. -..... ............... ...-- ..__... -..... ................................................................................................................... ....... Orantera,
for thc urc cnd benefir.of nll persons from time to rlmc rcsldenr or owning property vitlrln dre
boundnrics 01 rhc ...... .elk ............. .or ............. Musk?@". .............................. ......... (CIW VIII~,:~. ram. hntY)
Waukesha ......................... ................... .Cwnty. \Visronsin. nnd lor the use
ond kncfit ol thc wld ...... c&!. ......... ,.or ...... Sk.eg0 ......................
(CltY. VII1.L.. . Tow". County)
in its own ricin ond ns ogcnr lor thc purposc 01 cnlorcin:: thcsc presents on belloil 01 ~IIC obovc
dcscribcd class 01 pcrwons. Grnntccr. NO. MSK~ 7757 997 -
"CTY"" 70: I
City of Muskego
Attn: Sandi Asti
Post Office Box 749
-blT531..""
Crilntors warrant alxl covcnmt tlmt at the tinre 01 thc cnwoling and dclivcry 01 tlrcx prcxms thcy arc nll of thc owncrs 01 thc Premiw~
and tlmt no other persol> has my cstotc or inrcrcst thcrcin crscpr by rcoson of csxmcnrs lor public utiiitics. building rcstrlctions, dcdlcatlons to
the public or public bodies. instruments not 01 record. and mortnarp to banks. savings ond Ian associntions or Insurance cnmpanlu.
Grantors rcprcsctrr thur Ftirion on their bchall woa lnodc to thc. ,.ciLx _... .............. .ol.. .... ~USkgC!. ...
pursuant to the Zoning Cde of the seld. ... clb!.. .......... lor srnnt 01 permission to erect and/or conduct on the Prcmlrcs a use
thcrc permissible nor by right but only by Conditional Ux Grant: that in connccclon thcrcwlth Grantors rnodiccrtaln reproentotions nnd
agrccmcnu as to sitc. buildinc and opcrntion plans which were incorporntcd Into the Condirionol Ux Cmnt; thnt baud thcrcon Condirionol
.wns iswcd undcr dolc or. .k?&UC4rY.,.~.. .. Ilj?O.&d that a truecopy tiwcol son file wllh ct.c
(Clty. Vlltone, Town. Guntyl
llrc Grant KO. ,453.. .Hla;n...bm~.s.si~n.. ,.of rhc. .city. .............. .of,...klSkgQ. .... ...
(uty. vmUGc. row".
NOW, THEREFORE, Grontors hcrcby accept the mold Conditionni Use Grant and covcnont srrlctly to comply with 011 or the tcrms
onJ conditions tllcrcof. Tlh COVCIUJ~~ rl~oll rrm with tlrc lund and droll bc bindine 011 rlic Gruntors rmd on ail Perrons clulnrh:: nny c~ratc or
intc~cst in rI>c Prenrirs by. +ouch or u?dcr tilc Cm?ton. (IS long as rhc sn!d Premlxr nrc ud os ducrllrd in tlx Gndlrlonul Ur: Cront lor
LI,~ oprotlon .... ~~~Q.~~~~-.~~~~~~...~.~~~~~~... a~..
In Witncaa Whcrcof, Grantors hove hcrcunro xt thclr hands
SIGNED AND SEALED IN PRESENCE OF
.......................................... ............................... O'Malley Investments, Inc.
"" ........................ .......... ..-........ ....... (SEAL)
J . 7,n.r
CORPORATION
ACKNOWLEDGMENT INDIVIDUAL /I
.County./ss. Pcrwnolly cams bclorc
._ Pluldcnt
19 ...-...
and. ........... .......... Secrcury
ol tlrc obvc nomcd corporotlot~, to mc known to Ix sudr pcrsoolu nnd
Orhrs who uccutgd tlrc lorcgoinpl lnstnnnenc nnd ocknowlcdgcd
that they cxccutcd thc umc os such oficcrs, by Its outirority. lor the
purpowJ rhcrcin containcd.
STAT? .L or ~~.'~s~ctc:N, ' ............. ...
me this ......... ,.day Or. . .............
I
'e
tp"
,..
lt
...
SEP 12 00 0 0 0 0 3 9 0
....
.......................................................... Waukesha Cannty, \Visconsin. in regard to 13mlscs . tit ...................................................................... NE 1/4 OE Section 25
....................................................... In .. i ownshlp ................ 5 North. RoniIc ................ 20 East ..................................................... Waukesha County.
Srntc ol Wisconsin. furtlre; tlocrlbcd os lollows:
SEE ATTACHED
provide that the prcmiscs may not Ix used of rlcht lor tlx purpose hereinnlter descrlM but thnt upon petltlon such usc
WHEREAS the Zoning We ond Zoning District h4up of thc c~lxue nmlcd municipnlity, pursuont to Stntc Statute,
may be approved by the rnunlclpollty os a Conditional Use Crnnt in pnrtlculnr clrctlmtonces os dcfined by the stondords
in the Zoning Ordinance; and
Petition thcrelorc having been mode, und pt~blic hearing held thereon, and the ................................................................ Plan Comnission
ol thc. ... .C.i.tY ............... of ......... MUSk.CgC? .................................................................. hnving detcrrnlncti that by rcnson ol the
pnrticulnr nature. chnrscrcr nnd circunntanccs ol thc propsed USC. nncl nl thc specific nnd contemprary conditions, grant
ol such USE upn thc terms and conditions hcrcinultcr prcscrlbed wotllil Lw consistent with thc rcquiremcnts ol chc Zoning
Ordinnnce:
(ALII~I ICJy1
~CIRY. Vlllam. Ta.n. bnty)
Now, rllcrcforc. IT IS GRANTED, suhjcct to cqmplioncc with .the tcmu pnd conditions Ilercinnlrcr stated. thot
rhc Prclniscl my Ix used for the purpose of. .oPer,at.~n&.a...gaso11ne. .se.~~.ce...st.at.~or?..and ............................... rnnxmn, an,- cl-nra U"LI"L.LIL.cLIUL 0L"A.L .................................................................................................................................................................................
CRANTED by nction of thc.,Plan...~~~~s;~l thc~ll&i2p- ..........................
thc. ........................ I day of .... Febru.arY. .................. 2000 (LltY. VI1 ce. IVWn. "lY1
Original filcci in t~rc nrficc or tlx. ..Pla.~..Co~~~..~~~n... ............ or tlw ..... CiW ............... or ........ Pb+k- .............................
Signed:.. )d?&a!u .................. rd: .... a::": ........ ~ ....................
I. This Grant shnll Ixcome cllective upan thc cxccution ond recording by the Owners ol the Prcmisfs of on occcptnncc
hercof in such lorm as to constitute an ellcctive covcnont running \vlth the lond.
2. lllis Grant SI~~II LX \Void unh propcr npplicntion. pursuant to the building und zoning codes of tllc nlunlcipnlity. lor
appropriate Building, and Zoning Use and Occuponcy Perrniu in conlormity to this Crnnt, is mndc within. ....... months
of tiye date hcreof.
3. This Grant is suljject to amendment ond terminntion in occordnncc \vir11 the provisions of Llle toning Code Of this
municipality.
4. Consrrtlcrion and operation of he use grontcd shnll be in stl'ict conformity to the approved site, building and operation
plans filcdjn,conncction with tlrc Petition for this Crnnt, nnd nnncxccl Ilel.ct0.
5. of the ccl,ciitions ol this Cront which would nornlnlly be thc rfsponsibility ol tenam ol the premise. shrill be made
Dart tl,eir 1~3s~ by the Owner, wlrich Icasc shnll contain provisions lor Imstlng ol the pertlncnt conditions (0 notify
IUlY Vlll"0
The CONDITIONS ol thls Cront arc:
-
crnployces thcrcnf. - .,
"" .....................
e SEP 12 00 0 0 0 0 Lf d
. . . .. . . - .. . , -. , . . . , , - . - . - . - . . . , . , , .. . . , . " . . . . . . . . . . , . ,.. ......i,. ! .- . .-. ~,.~~~~',:-,~~,..-~-~,, ,. .A:_. .,~,I..~=~IL-;.i=-Y.LYIYY~-~~."L-
6. Conditions on thc Owrtions See attached Resolution P.C. #112a-99
a; Hours of operation: '
b. Performance standards relating to noise, vlbratlon, odor, smoke or dust:
e. Water supply requlremeno:
d. Provisions for sewage disposal:
e. Othar:
7. Conditions on the Buildings See attached Resolution P.C. #112a-99
a. Focndc material or each building sidc:
b. Entrancu. Design and Locatlon:
c. Signs atraclred to the Bullding, lacotion. Slre. Design (Including llglrting):
d. Exterior Lighting of thc Building:
c. Other:
8. Conditions on tlx Sitc See attached Resolution P.C. #112a-99
a. Street Access (number. location. dcaign):
b. Oll-Srrccr Parl;ing (locotion nnd clcsign including scrccning tircrcol):
c. Loading anti Scrvicc Areas (location and design):
d. Oursidc Storage olMnterials. Products or Rcfusc (locationhnd screening tlrercol):
e. Finisheti topogruphy ond bullding grotla. rctoinlng walls, storm wntcr run-off:
1. Landxaping of the Site and Bulldinp (including plant typu, slzc. spacing):
g. Pedcstrinn wollcwoys. tcrrocu, molls (locntion nnd design):
h. Signs (free standing) location. size. dcslgn (inclnding liglrtinu):
i. Exterior Lighting or the Site. locntion dcslgn nnd power:
j. Ohcr:
Tax Key #2257-997
BEING A PART OF THE NORTHEAST 1/4 OF SEWON 25, TOWNSHIP 5, NORTH, RANGE
20 EAST, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, DESCRIBED
AS FOLLOWS: COMMENCING AT THE NORTHEAST 114 CORNER OF SAID NE 1/4 OF
SECTION 25 THENCE SlP1!i'54"W 1018.01 FEET TO THE NORTH RIGHT OF WAY LINE: OF
THE WISCONSwELECTRIC POWER CO. RIGHT OF WAY; THENCE S51°38'01"W 396.00
FEET TO A POINT ON THE NORTH LINE OF THE W.E.P.C.0 RIGHT OF WAY; THENCE
N7806'59"W 317.18 FEET TO THE CENTERLINE OF NORTH CAPE RD (C.T.H. "00")
RECORDED AS 324.06 FEET; THENCE S05"04'33"E 288.38 FEET ALONG THE CENTERLINE
OF NORTH CAPE ROAD TO THE NORTH LINE OF THE W.E.P.C.O. RIGHT OF WAY LINE
RECORDED AS 290.40 FEET; THENCE NORTHEASTERLY 344.01 FEET ALONG THE
NORTH RIGHT OF WAY LINE OF THE W.E.P.C.O. RIGHT OF WAY AND AN ARC OF A
A CHORD WHICH BEARS N5421'35"E 343.99 FEET RECORDED AS 359.73 FEET TO THE
POINT OF BEGINMNG. EXCEPTING THE WEST 33.00 FEET FOR PUBLIC STREET
PURPOSES.
CURVE WHOSE RADIUS CF 7777.60 FEET LIES TO xi NOR~ST, SAD CURVE HAS
TAX KEY #2257-978.004
BEING A PART OF PARCEL 2 OF CERTIFIED SURVEY MAP NO. 5376, BING A PART OF
THE NE 114 AND SE 1/4 OF THE NEU4 OF SECTION 25, T 5 N, R 20 E, IN THE CITY OF
h4USKEG0, WAUKESHA COUNTY, WISCONSIN, BOUNDED AND DESCRlBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2, SAID
POINT BEING THE PLACE OF BEGmG OF THE LANDS TO BE DESCRIBED; THENCE
<Of 15' 54" E ALONG THE EAST LINE OF SAID PARCEL 2,176.41 FEET TO A POINT ON
THE NORTHERLY LINE OF RELOCATED STATE TRUNK HIGHWAY "36"; THENCE S 66'
00'23 w ALONG SAID NORTH LINE; 272.13 FEET TO A POINT ON THE WEST LINE OF
SAID LOT 2; THENCE N 0914'47" W, 86.57 FEET; THENCE NORTHEASTERLY ALONG
THE ARC OF A CIRCLE WHOSE CENTER IS TO THE NORTHWEST, WHOSE RADIUS IS
7877.60 FEET AND WHOSE CHORD BEARS N 5f3f09" E, 322.72 FEET TO THE PLACE OF
BEGINNING.
WEPCO LANDS
THAT PART OF WISCONSIN ELECTRIC POWER CO FEE-OWNED RIGHT-OR-WAY
LANDS IN THE NORTHEAST 1/4 OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 20 EAST,
CITY OF MUSKEGO, WAUKESHA COUNTY. WISCONSIN, BEING A STRIP OF LAND ONE
HUNDRED (100) FEET IN WIDTH AND APPROXIMATELY SEVEN HUNDRED SIX (706)
FEET IN LENGTH. ADJACENT TO TAX KEY #2257-997 AND 2257-978.004
a a SEP 12 00 0 0 0 b -I 2
AMENDED
RESOLUTION #P.C. i12a-99
APPROVAL OF BUILDING SITE AND OPERATION PLAN AND CONDITIONAL USE
GRANT FOR A GASOLINE SERVICE STATION AND CONVENIENCE STORE FOR THE
O’MALLEY INVESTMENTS, INC. PARCEL LOCATED AT THE NORTHEAST CORNER
OF STH 45 AND STH 36 IN THE NE Vi OF SECTION 25 (TAX KEY NOS. 2257.978.004
AND 2257.997 AND PART OF ADJACENT WEPCO RIGHT-OF-WAY)
WHEREAS, Plans were submitted by O’Malley Investments, Inc. for a building, site and
operation plan and conditional use grant for a gasoline service station and convenience store at
the property located at the northeast comer of STH 45 and STH 36 in the NE % of Section 25
(Tax Key No 2257.978.004 and 2257.997 and part of adjacent WEPCo right-of-way) on August
18, 1999 and was amended August 20, 1999, September 10, 1999 and September 13, 1999, and
WHEREAS, Said property is currently zoned B-4, Highway Business District, and
automobile service related uses are a permitted use by conditional use, and
WHEREAS, Section 6.03 of the Municipal Zoning Code requires 1500 foot separation
between gasoline service stations, unless “upon examining the plan and specrfications of the size
and layout of the proposed station, submitted by prospecfive operator and upon examining a
report of the City Engineer as to the effect of such a station upon present traflc conditions, that
the proposed station will not result in a traffic, fire9 health, or safety hazard, that such a station
will not be offensive to the srrrrotrnding neighborhood by reason of its physical, social, or
economic feasibility. ”, and
WHEREAS, The City’s Consulting Engineers have prepared a document entitled
“O’Malley Traffic Study“, dated October 1999 which addresses the traflic impact review
requirements of Section 6.03 of the Zoning Code, and
WHEREAS, Said property is located within the Durham Hill neighborhood and is subject
to the design standards outlined in the City of Muskego’s Durham Hill Design Guide, and
WHEREAS, 0”alley Investments, Inc. requests approval for a 4,800 square foot
principal structure housing a convenience store and food outlet with drive-thru, (herein referred to
as “the Building”) and a gasoline pump canopy, and said structures meet the floor area and
height requirements of the zoning ordinance, and
WHEREAS, Said structures are proposed to be constructed in agrarian architectural style,
and said styles are in conformance with the Durham Hill Design Manual, and
WHEREAS, Said structures are proposed to be constructed with exterior materials which
include stone veneer and board and batten siding, and said materials are not in conformance with
the Durham Hill Design Manual, because the Plan Commission finds that stone veneers are
not approved materials, and
0 SEP 12 00 0 0 0 0 4 J
WHEREAS, All Building mechanicals, including HVAC units, are proposed to be
screened from view, and
WHEREAS, The minimum setback for the B-4 District is 40 feet, the Durham Hill Design
Guide requires buildings to be located at the minimum setback line, and said proposal meets the
requirements of the Durham Hill Design Guide, and
WHEREAS, a 71 square foot ground sign measuring 10 feet 10 inches above grade is
proposed, and said sign conforms to the requirements of the zoning ordinance and Durham Hill
Design Guide, and
WHEREAS, one driveway access point to North Cape Road is illustrated on the proposed
site plan and is aligned with the Champions Drive entrance, and said driveway access is subject to
review and approval by the Waukesha County Department of Transportation, and
WHEREAS, Twenty-three parking stalls are proposed, and said number of parking stalls
conforms to zoning requirements, and
WHEREAS, Parking is proposed to be located at the rear (non-street side) of the
Building, and the Durham Hill Design Guide calls for all parking to be located to the side and rear
of the Building, and
WHEREAS, Landscaping is proposed which is compatible to the Durham Hill
neighborhood, and which meets the minimum standards of the Durham Hill Design Guide, and
WHEREAS, A dumpster enclosure is proposed to house all rehse containers in an area
screened from view, and said enclosure is proposed to be constructed of stone veneer and Board
and Batten siding, in order to be compatible with the design of the Building, and said materials is
not in conformance with the Durham Hill Design Guide, because the Plan Commission finds
that stone veneers are not approved materials, and
and
WHEREAS, lighting for the drive aisles and parking areas is proposed in the form of six
fixtures, each being 15 feet high, with 250-watt lamps, and such fixtures are permitted provided
the housing is shielded and placed kith a zero-degree tilt, the lamps are high pressure sodium, and
WHEREAS, lighting for the canopy is proposed in the form of ten fixtures, each being
mounted 14.5 feet high, with lamps being 400-watt high pressure sodium, and such fixtures may
be permitted provided that documentation is provided which verifies the absence of light trespass
on surrounding properties, and
WHEREAS, With regards to specific operations, the residents of Durham Hill have stated
on the record of the Mayors Task Force on Economic Development, that they oppose 24 hour
commercial uses and the petitioner has indicated in the Operational Plan dated September 10,
Page 2
0 SEP 12 DO 0 0 u 0 ’i Lf
1999 that the hours of operation will be limited to 5AM to 1 IPM, and
WHEREAS, With regards to specific operations, the Durham Hill Design Guide places
great emphasis on exterior appearances, and petitioner has indicated in the Operational Plan dated
September 10, 1999 that they do not object to the prohibition of outdoor sales and storage of
goods such as water softener salt, and mulch, and
WHEREAS, With regards to specific operations, the Durham Hill Design Guide places
great emphasis on exterior appearances, and the Plan Commission desires to limit the negative
appearance that accompanies the over-use of temporary banners, pennants, and signs, and
WHEREAS, No amplified speakers for the drive-th are proposed, and
WHEREAS, O’Malley Investments, Inc. has not submitted for review and approval all
required grading, storm water management, and utility plans for review and approval by the
Public Works Committee and Public Utilities Committee,
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the building,
site and operation plan and conditional use grant for the proposal submitted on August 18, 1999
and was amended August 20, 1999, September 10, 1999 and September 13, 1999 by OMalley
Investments, Inc. for a gasoline service station, convenience store, and food outlet with drive-thm
at the property located at the northeast comer of STH 45 and STH 36 in the NE Vi of Section 25
(Tax Key No 2257.978.004 and 2257.997 and part of adjacent WEPCo right-of-way). Subject
to the substitution of Lanon Stone where petitioner proposes stone veneer.
BE IT FURTHER RESOLVED, That by the passage of this resolution with five votes in
the affirmative, the use of stone veneer and Board and Batten siding for the Building and
dumpster enclosure shall be allowed as an exception to the Durham Hill Design Guide.
BE IT FURTHER RESOLVED, That this approval is granted contingent upon O’Malley
Investments receiving approval from the Waukesha County Department of Transportation for the
pavement marking necessary to delineate a turning lane on the east side of North Cape Road in
accordance with the recommendation of the City’s Consulting Engineers. Failure to obtain
permission from the Waukesha County Department of Transportation for the pavement marking
shall result in this Conditional Use Grant and Business Site and Operations Plan approval being
VOID.
BE IT FURTHER RESOLVED, That operations shall be prohibited between the hours of
11 p.m. and 5:OO a.m.
BE IT FURTHER RESOLVED, That the use of temporary or portable signage shall
require the issuance of a permit by the Zoning Administrator, and such permits shall be limited to
six occasions per calendar year, with each occasion limited to ten calendar days, and with a
minimum of fifteen calendar days separating each occasion.
Page 3
SEP 12 00 0 0 0 n5
BE IT FURTHER RESOLVED, That no use of amplified speakers for the drive-thru be
used.
BE IT FURTHER RESOLVED, That outdoor storage, sales, andor display of
merchandise, including but not limited to water softener salt, mulch and landscaping materials,
shall be expressly prohibited.
BE IT FURTHER RESOLVED, That except for the ground sign approved herein, and the
Open Pantry wall sign approved herein, prior to issuance of building permits for signage, all
additional signage must be reviewed and approved by separate action of the Plan Commission.
BE IT FURTHER RESOLVED, That the Plan Commission recommends the proposed
driveway access location to North Cape Road to the Waukesha County Department of
Transportation, and supports the prohibition of access to State Trunk Highway 36.
BE IT FURTHER RESOLVED, That if occupancy is requested prior to the completion of
landscaping and/or asphalting, a bond, letter of credit or cashiers check equal to twice the value of
said improvement cost must be submitted to the Planning Department.
BE IT FURTHER RESOLVED, That at the call of the Plan Commission Chairman, the
operations subject to this conditional use grant may be subject to fiuther review by the Plan
Commission, and any future operations which are deemed to be inconsistent with this approving
resolution may be subject to further conditions by the Plan Commission.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
Department and that all aspect of this plan as they relate to landscape areas and drainage shall be
maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That 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
Approved 02-0 1-00
Denied
Deferred 09-21-99. 11-2-99
11-16-99. 12-07-99
01-04-00 01-18-00
9-2 1-99
Page 4