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PCR2010022 RESOLUTION #P.C. 022-2010 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 23, 2010 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 a total of six (6) vehicles, including the vehicle on the raised rack, 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. Some of the two (2) approved customer stalls and the one (1) approved handicap customer stall had vehicles for sale or unlicensed vehicles 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 some 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 16, 2010 Defeated: Deferred: Introduced: March 16, 2010 ATTEST: Kellie McMullen, Recording Secretary