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PCR2009027 RESOLUTION #P.C. 027-2009 APPROVAL OF AN ANNUAL REVIEW FOR SALE OF FIREWORKS FOR VINCE AND HEATHER SIEGEL AT THE JETZ FUEL PROPERTY LOCATED IN THE SW ¼ OF SECTION 2 (S69 W15461 JANESVILLE ROAD / TAX KEY NO. 2167.995.011) WHEREAS, A request has been submitted by Vince and Heather Siegel to locate a temporary sales tent and signs advertising the sale of fireworks at the Jetz Fuel property located at S69 W15461 Janesville Road, and WHEREAS, Fireworks sales were previously operated at this location, and that temporary sales vendors are limited to one on site at any one time, and WHEREAS, The tent canopy will be 20’ x 30’ in size, and WHEREAS, Signage has been noted on the proposal as two 2.5’ x 10’ and one 4’ x 20’ temporary banners that will be hung from each side of the tent and small directional signs at the entrances of the parking lot, and WHEREAS, A site plan has been filed for Staff review and that proof of sanitary facilities accommodations has been provided, and WHEREAS, Outdoor sales is not allowed as per the BSO for Jetz Fuel and Resolution #P.C. 072a-2003, although Plan Commission may make the determination that temporary fireworks sales is not restricted, and WHEREAS, The Wisconsin Chief Fire Officer Guidebook notes that storage and handling of fireworks may not be within 50 feet of a dwelling, public assembly, or where gasoline or volatile liquids are dispensed in quantities greater than 1 gallon, and WHEREAS, An electrical permit and inspection may be required by the Building Inspection Department for the electricity hookup, and WHEREAS, A Transient Merchant License will be required to be obtained from the City Clerks Office. THEREFORE BE IT RESOLVED, That the Plan Commission approves the request for a temporary stand at the Jetz Fuel parking lot for fireworks sales for Vince and Heather Siegel subject to the following conditions: thth 1. Dates of operation approved from June 15, 2009 to July 12, 2009 and 2. Hours of operation permitted only from 8 am to 9 pm, and 3. A letter of approval from the property owner has been submitted to the Planning Department approving rental space for Mr. and Mrs. Siegel, and 4. Applicable permits / licensing must be obtained from the Building Inspection department prior to any site work on the property. 5. Petitioner to obtain a Transient Merchants License from the Clerk-Treasurer’s Office. BE IT FURTHER RESOLVED, That Plan Commission finds this use to be of a temporary nature and will permit the use in contrary to Resolution #P.C. 072a-2003 as long as only one such use is permitted during any one period of time subject to Plan Commission approval. BE IT FURTHER RESOLVED, That the small directional signs cannot be within any right-of-ways or vision corners and they can only be placed on the Jetz property. BE IT FURTHER RESOLVED, That the location of the fireworks stand must be at least 60 feet (50’ per Fire Guidebook and 10’ for the gasoline hose length) or greater from the gasoline dispensers. Plan Commission City of Muskego Adopted: March 3, 2009 Defeated: Deferred: Introduced: March 3, 2009 ATTEST: Kellie McMullen, Recording Secretary