PCR2009017
RESOLUTION #P.C. 017-2009
APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND
SERVICE ESTABLISHMENT FOR AUTOMOBILES AT DURHAM HILL AUTO
LOCATED IN THE NE ¼ OF SECTION 25
(S98 W12578 LOOMIS DRIVE / TAX KEY NO. 2257.981)
WHEREAS, The Plan Commission approved an amended Conditional Use Grant and Building,
Site, and Operation Plan on March 15, 2005 for an automobile sales lot for Durham Hill Auto
located at S98 W12578 Loomis Drive, and
WHEREAS, There were BSO Amendments approved under Resolution P.C. 079-2006 and P.C.
067-2007, and
WHEREAS, The property is zoned B-4, Highway Business, and current uses are allowed by right
and by Conditional Use Grant, and
WHEREAS, The approved Building, Site, and Operation Plan specifically referred to a site plan
that showed marked parking stalls for customer and vehicle sales, areas to be restored to green
space, and areas of landscaping, and
WHEREAS, A site inspection was completed on February 16, 2009 and there were numerous
items that were not in compliance with the site approvals, and
WHEREAS, The site violations were as follows:
1. There were more vehicles than allowed for sale that were parked along the southeast corner
of the site (near the corner) and only three (3) vehicles plus the raised vehicle rack are
allowed to be within this area at any time.
2. The two (2) customer stalls and the one (1) handicap customer stall had vehicles for sale
parked within them and these stalls must remain open for customers at all times.
3. All vehicles must also be parked within the approved and marked parking stalls. There were
numerous vehicles that were not in marked stalls.
THEREFORE BE IT RESOLVED, The Plan Commission approves of the petitioner's annual
review for Durham Hill Auto.
BE IT FURTHER RESOLVED, That all of the above noted violations must be brought into
compliance.
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 3, 2009
Defeated:
Deferred:
Introduced: March 3, 2009
ATTEST: Kellie McMullen, Recording Secretary