PCR2006090
./PCR2006090_files/filelist.xml RESOLUTION #PC 090-2006
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AMENDED
RESOLUTION #P.C.090-2006
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT
FOR DJ’S PUB & GRILL LOCATED IN THE SW ¼ OF SECTION 9
(TAX KEY NO. 2195.999 / S76 W18026-40-58 JANESVILLE ROAD)
WHEREAS, On June 5, 2005 plans were submitted by Merit Asphalt for an amendment to a Building, Site and Operation Plan for DJ’s Pub & Grill located in the SW ¼ of Section 9 (Tax Key
No. 2195.999 / S76 W18026-40-58 Janesville Road), and
WHEREAS, The petitioner is proposing to re-pave part of their existing parking lot and add an additional paved parking area and all parking areas will have marked stalls (10’ x 20’
in size), and
WHEREAS, The site currently consists of some asphalt parking in poor condition and a gravel parking lot along with a commercial building and two residential buildings, each with an
outbuilding, and
WHEREAS, The current parking on the site is undefined and random and there are exposed dumpsters/garbage bins present on site, and
WHEREAS, Said property is zoned RS-3/OED Suburban Residence District with an Existing Development Overlay and although it is currently used commercially and residentially, the use
is grandfathered in as it existed prior to zoning code and comprehensive plan being in affect, and
WHEREAS, The use of the Parcel is non-conforming and if the use of the commercial building were to cease or if the commercial building was substantially damaged, the commercial use
would have to permanently cease unless a rezoning to a commercial district would be applied for and granted for this parcel, and
WHEREAS, 7 parking stalls are proposed to the immediate rear of the bar building (along the western edge of the site), 18 stalls are shown behind (to the north of) the eastern most
garage (along the eastern lot line), and 4 stalls are shown along the western lot line behind (to the north of) the northern most house, and
WHEREAS, No parking stalls are shown or approved in front (to the south of) of the bar since this area is within the public right-of-way, and
WHEREAS, All parking stalls appear to have the appropriate area needed for easy use as they are shown to have more than 20-24 feet (some areas have as much as 55 feet of clearance
width) of access in the center aisle of the lot, which will easily allow for two-way traffic, and
WHEREAS, The General Design Guide and the Zoning Code state that there should be no vehicles on a commercial lot permitted closer than 10 feet to an abutting residential lot line,
and any off-street parking area should be screened with plantings and/or have a landscaped fence line at least 4 feet in height abutting the residential lot, and
WHEREAS, The petitioner has requested a 7’-6” offset from the side lot lines on both sides of the property since they are stating that there is existing landscaping that buffers the
proposed parking lots from the neighboring properties, and
WHEREAS, A site inspection revealed that the eastern lot line seems to already be adequately screened with trees and shrubs as well as a fence with some type of screening material
upon it and it also revealed that the western lot line did have some shrubs and trees, but not enough to adequately screen headlights and such from the neighbors property,
WHEREAS, There were tall weeds and plant overgrowth along the two lot lines and there was miscellaneous piles of debris, dirt, and wood chips on the site, and
WHEREAS, The existing dumpsters/garbage bins are proposed to be relocated within the existing accessory structure behind the bar, and
WHEREAS, No landscaping has been submitted at this time, and
WHEREAS, No lighting changes are being proposed at this time, and
WHEREAS, Stormwater management is not needed since there is less than half an acre of impervious surfaces being added.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of an Amended Building, Site and Operation Plan for DJ’s Pub & Grill located in the SW ¼ of Section 9 (Tax Key No. 2195.999
/ S76 W18026-40-58 Janesville Road).
BE IT FURTHER RESOLVED, That an updated site plan shall be delivered to the Planning Department for approval showing the 10-foot buffer from the side lot lines (east and west) before
any site work can be started.
BE IT FURTHER RESOLVED, That some type of dense landscaping and/or quality residential fencing (Board on board or cedar, no chain link) must be installed along the western lot line
to screen the existing residential properties.
BE IT FURTHER RESOLVED, That the weeds and overgrowth along the side lot lines by the proposed parking areas must be cleaned up and maintained into the future.
BE IT FURTHER RESOLVED, That a landscape planting and maintenance plan, along with any fencing details (location and type), need to be submitted to the Planning Department within thirty
(30) days of this approval and the installation of said landscaping and/or fencing must be completed within sixty (60) days of this approval and if either of these timelines are
not met, citations will be issued in the amount of $100 per day.
BE IT FURTHER RESOLVED, That all parking stalls must be stripped according to the approved plan and they must all measure at least 10’ x 20’ in size.
BE IT FURTHER RESOLVED, No outdoor storage of materials is allowed unless first approved by Plan Commission.
BE IT FURTHER RESOLVED, That if any lighting changes or lighting additions are sought, they must first receive Planning Commission and/or Planning Department approvals.
BE IT FURTHER RESOLVED, That the dumpsters/garbage bins within the accessory structure must be completely screened from view and if the dumpsters/garbage bins aren’t or can’t be placed
within the accessory structure, than a refuse enclosure will be required and it must be approved by the Planning Department for location and type before it can be constructed.
BE IT FURTHER RESOLVED, Any other exterior modifications to the site or structures will require Plan Commission approval.
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 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.
BE IT FURTHER RESOLVED, To determine ownership of fence along eastern property lot line. If not owned by petitioner, than additional screening should be provided on the landscape
plan.
Plan Commission
City of Muskego
Adopted: June 20, 2006
Defeated:
Deferred:
Introduced: June 20, 2006
ATTEST: Sandi Asti, Recording Secretary