PCR2022039 Tail Spin BSO AmendAMENDED
RESOLUTION #P.C. 039-2022
APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR
TAIL SPIN BAR & GRILL LOCATED IN THE NW '/4 OF SECTION 4
(TAX KEY NO. 2174.189 / S64 W18295 MARTIN DRIVE)
WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment
for Tail Spin Bar & Grill located at S64 W 18295 Martin Drive / Tax Key No. 2174.189, and
WHEREAS, The petitioner is proposing to continue permanent outdoor seating area at their
business located at the intersection of Martin Drive and Jewel Crest Drive, and
WHEREAS, In July 2020 the petitioner applied for and obtained staff approval for temporary
outdoor seating (due to COVID), and
WHEREAS, In May 2021 the petitioner asked for permanent outdoor seating and the Plan
Commission noted that they were underwhelmed and were looking for some
improvements/upgrades to the property and granted a one-year approval to measure their
success, and
WHEREAS, As part of the outdoor seating area all operations related to the outdoor seating were
required to remain on the subject property and no additional structures were included with the
permit, and
WHEREAS, Staff has not received any negative feedback related to the outdoor seating area
use, and
WHEREAS, A fence has been installed to separate the outdoor seating area from the road, and
WHEREAS, The main improvement proposed by the petitioner is adding a brick surround to the
fence posts, and
WHEREAS, A second improvement to the property is a blue band petitioner is seeking to be
painted around the upper portion of the building that would match the color of the signage and be
painted from an elevation of the bottom of the sign to the top of the wal, and
WHEREAS, The outdoor seating area will include thirteen tables spread out with a movable bar
adjacent to the building along with an area for a band, and
WHEREAS, No new exterior changes have been proposed at this time.
THEREFORE BE IT RESOLVED, The Plan Commission approves of an amended Building, Site
and Operation Plan amendment for Tail Spin Bar & Grill at S64 W18295 Martin Drive / Tax Key
No. 2174.189.
BE IT FURTHER RESOLVED, The petitioner must come back to Plan Commission on
October 4, 2022 to discuss outdoor seating area use related to the outdoor music issues.
BE IT FURTHER RESOLVED, There was an awning, for another business, laying on the ground
in patios area that must be removed from the site before the patio can be used.
BE IT FURTHER RESOLVED, Any new/altered exterior lighting 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, Any signage (temporary or permanent) will require further review
for compliance with City sign code regulations and permit approvals.
BE IT FURTHER RESOLVED, Any of the outdoor features (fencing, seating, etc.) cannot be
located within the right-of-way.
BE IT FURTHER RESOLVED, If any complaints are received regarding the noise of any of the
event and/or music, the petitioner must immediately rectify the noise issues via City staff and/or
come back to the Plan Commission for another BSO amendment for a solution to the noise
complaints.
BE IT FURTHER RESOLVED, Tail Spin Bar & Grill must continue working with the Clerk's
Office/Common Council to finalize specific dates of music events and they must receive all proper
liquor/beer and music/dance 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: June 7, 2022
Denied:
Deferred:
Introduced: June 7, 2022
ATTEST: Adam Trzebiatowski, Planning Manager