PCR2010033
AMENDED
RESOLUTION #P.C.033-2010
APPROVAL OF AN AMENDED BUILDING SITE AND OPERATION PLAN
FOR THE MUSKEGO GATEWAY COMPLEX LOCATED IN THE SE ¼ OF SECTION 5
(TAX KEY NO. 2180.994.001 / S67 W19491 TANS DRIVE)
WHEREAS, On March 22, 2010 plans were submitted by Sam Diamantopoulos for an amendment to a
Building, Site and Operation Plan for the Muskego Gateway Complex located in the SE ¼ of Section 5
(Tax Key No. 2180.994.001 / S67 W19491 Tans Drive), and
WHEREAS, In 2006 the owner received approvals to convert this former movie theatre to an
entertainment complex that includes a bar, a billiards room, an arcade, and an indoor volleyball court,
and
WHEREAS, In 2008 the owner received approvals to install a patio or deck off of the south side of the
building for outdoor service that included a wall/fencing surrounding two of the sides, as well as some
landscaping, and
WHEREAS, The previous patio/deck plan was not followed through with and the new proposal is now
being brought forward, and
WHEREAS, The new proposal includes an outdoor beer garden for customer use along the west side
of the existing building at the Muskego Gateway Complex located on the southeast corner of Racine
Avenue and Tans Drive, and
WHEREAS, The outdoor area is planned to be a concrete patio 30’ x 20’ in size, and
WHEREAS, The owner would like to install some fencing and landscaping around this area at a later
date, as finances allow, and
WHEREAS, The owner is going to install a 4 foot tall steel contemporary fence around the
concrete patio, and
WHEREAS, The outdoor area will offer food and liquor service, and
WHEREAS, Steel or wood furniture is proposed for this patio area, along with two outdoor
speakers, but no bar is proposed at this time, and
WHEREAS, The Finance Committee will be re-reviewing this amended liquor license and dance
hall/music license at their April 13, 2010 meeting, and
WHEREAS, The Finance Committee did approve the previous patio details and location, but
since there are proposed changes, this item must be re-reviewed by the Finance Committee
prior to any construction or activities occurring, and
WHEREAS, The approval does not allow outdoor live music, as that requires a separate license, and
WHEREAS, No new outdoor lighting is proposed or approved at this time.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building, Site
and Operation Plan for the Muskego Gateway Complex located in the SE ¼ of Section 5 (Tax Key No.
2180.994.001 / S67 W19491 Tans Drive).
BE IT FURTHER RESOLVED, That the allowance and hours of operation relating to liquor and food
sales and music are subject to the determinations/requirements of the Finance Committee to be made
at a future date. on April 13, 2010.
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BE IT FURTHER RESOLVED, The liquor and dance hall/music license expire on June 30 of each
year and if problems arise due to noise, the Finance Committee and/or the Plan Commission can
revisit this topic to amend or not allow the outdoor uses, and
BE IT FURTHER RESOLVED, That if any new lighting is going to be installed, it must first receive
approvals from the Planning Department and/or the Plan Commission.
BE IT FURTHER RESOLVED, That any additional permanent structures (i.e. bars, counters, etc.)
within the beer garden area will first need City approval.
BE IT FURTHER RESOLVED, That an annual review will be required and will expire after one year if
there are no issues.
BE IT FURTHER RESOLVED, That no construction or outdoor operations can occur until the
Finance Committee has reviewed and approved the license for the new outdoor location.
BE IT FURTHER RESOLVED, That landscaping will be installed at the same time as the patio
and fence, and a plan must be approved by the Community Development Department.
BE IT FURTHER RESOLVED, That all proposed work (i.e. concrete work, fencing, etc.) must be
completed before this patio can be used.
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: May 4, 2010
Defeated:
Deferred: April 6, 2010
Introduced: April 6, 2010
ATTEST: Kellie McMullen, Recording Secretary