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CCR2002201COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #201-2002 RESOLUTION TO TERMINATE CONDITIONAL USE GRANT GASOLINE SERVICE STATION FOR THE O’MALLEY INVESTMENTS, INC. PARCEL WHEREAS, On February 1,2000 by Resolution #P.C. 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. #P.C. 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 non-conforming use, on the OMalley 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. 0 10102 jm