PCR2009018
RESOLUTION #P.C. 018-2009
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 ROAD)
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 082-2005, and
WHEREAS, There was an additional BSO Amendment approved under Resolution P.C. 068-2007,
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 the following:
A maximum of forty-four (44) vehicles for sale to be displayed in the specified sales
areas,
A maximum of fourteen (14) customer vehicles awaiting repairs,
A maximum of seven (7) employee vehicles parked on site,
A maximum of forty-two (42) vehicles parked within the fenced in area,
A maximum of eighteen (18) loaner vehicles parked across the street on the gravel
lot,
No vehicles can be used as signage,
The vacant lot, across Muskego Dam Drive, was allowed to be paved for the storage
of the rental vehicles only, 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. The customer parking (towards the northeast corner of the site) identified on the approved
site plan only shows seven (7) approved parking stalls and there were more than sixteen
(16) vehicles present in this area and some of these vehicles were parked behind and
blocking the vehicles within the approved stalls.
2. There were more than fourteen (14) customer and employee vehicles parked along
Muskego Dam Drive on the northwestern part of the site. This area is only allowed to
have seven (7) employee vehicles and seven (7) customer vehicles.
3. The flat bed tow truck was not parked within the approved location on the site. The flat
bed tow truck must be relocated to its approved location. The flat bed tow truck must
always be parked in the approved location unless it is actively loading or unloading.
4. There were non-rental cars in the rental car lot. Your previous approvals only allowed
rental cars in this lot.
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 all of the above noted violations must be brought into compliance.
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 3, 2009
Defeated:
Deferred:
Introduced: March 3, 2009
ATTEST: Kellie McMullen, Recording Secretary