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PCR2009033 AMENDED RESOLUTION #P.C.033-2009 APPROVAL OF AN AMENDED BUILDING SITE AND OPERATION PLAN FOR MARX PIONEER INN LOCATED IN THE SE ¼ OF SECTION 9 (TAX KEY NO. 2196.983 / W180 S7808 PIONEER DRIVE) WHEREAS, On March 23, 2009 plans were submitted by Mark Sobczak for an amendment to a Building, Site and Operation Plan for Marx Pioneer Inn located in the SE ¼ of Section 9 (Tax Key No. 2196.983 / W180 S7808 Pioneer Drive), and WHEREAS, This property currently operates as a bar and grill and to the rear of the building/property is an outdoor deck, horseshoe pits, and volleyball courts, and WHEREAS, The petitioner is proposing to add an accessory structure in the rear grass portion of the property, near the horseshoe pits and volleyball courts, which will be a tiki bar, and WHEREAS, The structure is proposed to be placed on a 16’ x 18’ concrete slab, with a bar on top, which will be covered with a roof, and WHEREAS, The petitioner has stated that the tiki bar will help staff and customers from having to cross the parking lot for beverages and it would give a place for the customers if a smoking ban is ever enacted, and WHEREAS, The liquor license for this property already covers the deck, parking areas, picnic areas, and the horse shoe and volleyball areas, which means that no further liquor license amendments should be required at this time, and WHEREAS, The liquor license regulates what time outdoor sales are allowed until and this same requirements would apply to sales from the tiki bar, and WHEREAS, The approval does not allow outdoor live music, as that requires a separate license, and WHEREAS, No new outdoor lighting or outdoor sound system/speakers are proposed or approved at this time. THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building, Site and Operation Plan for Marx Pioneer Inn located in the SE ¼ of Section 9 (Tax Key No. 2196.983 / W180 S7808 Pioneer Drive). BE IT FURTHER RESOLVED, That if any new lighting or sound system/speakers are going to be installed, they must first receive approvals from the Community Development Department, the Plan Commission, and/or the Finance Committee. BE IT FURTHER RESOLVED, That an annual review will be completed in the month of March for the first year. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Community Development 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: April 7, 2009 Defeated: Deferred: Introduced: April 7, 2009 ATTEST: Kellie McMullen, Recording Secretary