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PCR2007035 ./PCR2007035_files/filelist.xml RESOLUTION #PC 023-2008 Print BestFit 6 pt 8.15 pt 2 2 MicrosoftInternetExplorer4 RESOLUTION #P.C. 035-2007 APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND SERVICE ESTABLISHMENT FOR AUTOMOBILES FOR FREY AUTO SALES AT THE PROPERTY LOCATED IN THE NE ¼ & SE ¼ OF SECTION 34 (TAX KEY NOS. 2296.996 & 2293.996.002 / S107 W16311 LOOMIS RD.) WHEREAS, The Plan Commission approved a Conditional Use Grant amendment for sale of automobiles at the property located at S107 W16311 Loomis Road (Tax Key Nos. 2296.996 & 2293.996.002) on November 1, 2005 by Resolution #PC 085-2005, and WHEREAS, The property is zoned B-4, Highway Business District, and said use is allowed by Conditional Use Grant, and the Plan Commission has required an annual review as a condition of the approval, and WHEREAS, Approved plans permit a maximum of forty-four (44) vehicles for sale to be displayed in the specified sales areas, and WHEREAS, Approved plans permit a maximum of fourteen (14) customer vehicles awaiting repairs, and WHEREAS, Approved plans permit a maximum of seven (7) employee vehicles parked on site, and WHEREAS, Approved plans permit a maximum of forty-two (42) vehicles parked within the fenced in area, and WHEREAS, Approved plans permit a maximum of eighteen (18) loaner vehicles parked across the street on the gravel lot, and WHEREAS, The past approving resolution stated that the current loaner car lot, across Muskego Dam Drive, must have a principal use/building associated with it by the 2007 annual review or changes may be required to the site, and WHEREAS, If no principal use/building is associated with the parcel by the 2007 annual review, the Planning Commission will have to determine if the gravel lot will have to be either removed and covered with soil and grass or be paved with asphalt, and   WHEREAS, Staff conducted a field inspection on February 19th and found the number of cars on the site appeared to be over what is allowed, and   WHEREAS, Cars were parked in between gas pumps and not within approved stalls, and   WHEREAS, The lot across the street is still being used for loaner cars and the Planning Department has not received any submittal for a principal use of that property as of yet, and WHEREAS, A large box truck used for signage purposes is on the vacant lot, which is against the City’s zoning ordinance, and   THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Frey Auto, subject to compliance with all Conditional Use Grant conditions of approval and those found below.   BE IT FURTHER RESOLVED, That the site must conform to the approved BSO for the site within 2 weeks from the approval date of the resolution or citations will be issued. The petitioner must request staff do a re-inspection with the site in order for assurance.  BE IT FURTHER RESOLVED, The signage box truck must be removed from the site since it is against the zoning ordinance.   BE IT FURTHER RESOLVED, The temporary storage of “loaner” vehicles may stay until May 31, 2007.  However, if a principal use is not applied for by this time, the owner will have to eliminate the gravel parking area and return it to a vegetated state immediately.   BE IT FURTHER RESOLVED, That previously approved plans are kept on file in an address file in the Building Department and all aspects 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.   Plan Department City of Muskego     Adopted:    March 6, 2007 Defeated: Deferred: Introduced: March 6, 2007 ATTEST: Kellie Renk, Recording Secretary