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PCR2008049 ./PCR2008049_files/filelist.xml RESOLUTION #PC 049-2008 Print BestFit 6 pt 6 pt 0 AMENDED RESOLUTION #P.C.049-2008 APPROVAL OF AN AMENDED BUILDING SITE AND OPERATION PLAN FOR THE MUSKEGO GATEWAY COMPLEX LOCATED IN THE SE ¼ OF SECTION 5 (TAX KEY NO. 2180.994.001 / S67 W19491 TANS DRIVE) WHEREAS, On April 18, 2008 plans were submitted by Sam Diamantopoulos for an amendment to a Building, Site and Operation Plan for the Muskego Gateway Complex located in the SE ¼ of Section 5 (Tax Key No. 2180.994.001 / S67 W19491 Tans Drive), and   WHEREAS, In 2006 the owner received approvals to convert this former movie theatre to an entertainment complex that includes a bar, a billiards room, an arcade, and an indoor volleyball court, and   WHEREAS, The petitioner is proposing to add an outdoor beer garden for customer use along the south side of the existing building at the Muskego Gateway Complex located on the southeast corner of Racine Avenue and Tans Drive, and   WHEREAS, The petitioner also is proposing some door changes and the addition of neon accent lighting, and   WHEREAS, The outdoor area will offer food and liquor service, and   WHEREAS, The outdoor area is planned to be a concrete (possibly stamped) patio 30’ x 50’ in size with a four (4) foot high decorative fence on the west and south sides, with the north side having landscaping and the east side being open, and   WHEREAS, The owner would like the option to be able to place a fence, as noted above, or a four (4) foot high decorative block, stone, or brick wall in its place, if financials allow, and final detailed plans must be submitted to staff for approval before installation can occur, and   WHEREAS, The owner would also like the option to install a deck instead of the patio at the same size, if financials allow, and final detailed plans must be submitted to staff for approval before installation can occur, and   WHEREAS, The outdoor area would contain a portable bar and approximately ten (10) tables, and   WHEREAS, Up to four (4) speakers for music are being proposed in the patio area that will be mounted so that they will point downward and inward towards the patio area and per the owner they will be used for ambiance, and   WHEREAS, The Finance Committee approved the amended liquor license and dance hall/music license at their April 22, 2008 meeting, and   WHEREAS, The Finance Committee allowed the service of food and liquor until 2 AM Sunday night through Thursday night and until 2:30 AM on Friday and Saturday nights within this outdoor area, and   WHEREAS, The Finance Committee allowed the music until 11 PM Sunday night through Thursday night and until midnight (12 AM) on Friday and Saturday nights, and   WHEREAS, The approval does not allow outdoor live music, as that requires a separate license, and   WHEREAS, The owner would also like to replace two of the existing steel doors on the west side of the building facing Racine Avenue and one of the steel doors on south side of the building (the center door of the three doors) going from the building to the new outdoor area with commercial style full glass doors, and   WHEREAS, The owner is proposing to install two (2) 5/8” red neon lighting strip along the top of the building on the north, west, and south elevations, and   WHEREAS, No other outdoor lighting is proposed or approved at this time.   THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building, Site and Operation Plan for the Muskego Gateway Complex located in the SE ¼ of Section 5 (Tax Key No. 2180.994.001 / S67 W19491 Tans Drive).   BE IT FURTHER RESOLVED, That the neon accent lighting will not be allowed may be turned on at dusk and they must be turned off when the business closes at bar time.  The lights should not be left on all day or all night.   BE IT FURTHER RESOLVED, That the final details relating to the choice of patio versus a deck and a decorative fence versus a decorative wall must be provided to the Planning Department before any construction begins.   BE IT FURTHER RESOLVED, That if any new lighting is going to be installed, it must first receive approvals from the Planning Department and/or the Plan Commission.   BE IT FURTHER RESOLVED, That any permanent structures (i.e. bars, counters, etc.) within the beer garden area will first need City approval.   BE IT FURTHER RESOLVED, The liquor and dance hall/music license expire on June 30th of each year and if problems arise due to noise, the Finance Committee and/or the Plan Commission can revisit this topic to amend or not allow the outdoor uses, and   BE IT FURTHER RESOLVED, That a yearly review will be required and will expire after one year if there are no issues.    BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that 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 Commission City of Muskego   Adopted:    May 6, 2008 Defeated: Deferred:    Introduced: May 6, 2008 ATTEST: Kellie Renk, Recording Secretary