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PCR2009003 RESOLUTION #P.C. 003-2009 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR ATONEMENT LUTHERAN CHURCH LOCATED IN THE SE ¼ OF SECTION 3 (S70 W16244 MARTIN DRIVE / TAX KEY NO. 2172.095) WHEREAS, On December 18, 2008 a submittal was received from Superior Power LLC for the new Atonement Lutheran Church property located in the SE ¼ of Section 3 (S70 W16244 Martin Drive / Tax Key No. 2172.095), and WHEREAS, Upon an occupancy inspection for the new church it was identified that the concrete light pole bases were installed approximately 2 feet above grade, and WHEREAS, The petitioners request is to be able to leave the 2 foot high concrete light pole bases in place, and WHEREAS, The petitioner’s submittal states that they typically install concrete bases 2 feet above grade to protect them from cars and snowplows, and WHEREAS, The Zoning Code states the following regarding light pole bases: Fixture Location: All fixtures intended to illuminate parking and drive areas shall generally be mounted on poles located within protected landscaped areas, on concrete pedestals not exceeding six (6) inches above grade. Where the Plan Commission deems that such locations are not practical, and that a location within the parking field is appropriate, said poles may be mounted on concrete pedestals at a height to be determined by the Plan Commission, but generally not exceeding thirty-six (36) inches above grade, and WHEREAS, The General Design Guide also states the following regarding light poles bases: A light pole support base may not exceed 6 inches in height and an individual light pole should be within a curbed landscaped area to avoid damage, and WHEREAS, All approved lighting on this site is located behind curbing, and WHEREAS, The approved Plan Commission Resolution specifically required the maximum height of these bases to be 6 inches above grade, and WHERERAS, The building permit approval from the Planning Department included a statement regarding the required 6 inch concrete light pole base height. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Building, Site and Operation Plan amendment submitted by Superior Power LLC for the new Atonement Lutheran Church property located in the SE ¼ of Section 3 (S70 W16244 Martin Drive / Tax Key No. 2172.095). BE IT FURTHER RESOLVED, That if the Plan Commission denies the requested amendment, then the contractor and/or property owner will have to have the light pole bases cut down or replaced so that they do not exceed 6 inches above grade May 1, 2009. 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: Denied: January 6, 2009 Deferred: Introduced: January 6, 2009 ATTEST: Kellie McMullen, Recording Secretary