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PCR2010043 AMENDED RESOLUTION #P.C.043-2010 APPROVAL OF AN AMENDED BUILDING SITE AND OPERATION PLAN FOR MUG-Z’S PUB AND GRILLE LOCATED IN THE SE ¼ OF SECTION 5 (TAX KEY NO. 2180.971 / W194 S7060 HILLENDALE DRIVE) WHEREAS, On April 20, 2010 plans were submitted by Katelyn Rupp for an amendment to a Building, Site and Operation Plan for Mug-Z’s Pub and Grille located in the SE ¼ of Section 5 (Tax Key No. 2180.971 / W194 S7060 Hillendale Drive), and WHEREAS, The new proposal includes a deck built on the east side of the building at Mug-Z’s Pub and Grille located on the northeast corner of Hillendale Drive and Wetland Drive, and WHEREAS, The outdoor area is planned to be a wood deck 14’ x 18’ in size, and WHEREAS, The deck is being proposed to accommodate patrons wishing to smoke, and WHEREAS, The petitioner must request an amendment to their liquor license through the Finance Committee to have the deck included as part of their licensed premise and the Finance Committee will determine the hours of allowed operations for deck, and WHEREAS, No new outdoor lighting is proposed or approved at this time, and WHEREAS, A site inspection indicated that the doors to the existing dumpster enclosure where missing. THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building, Site and Operation Plan for Mug-Z’s Pub and Grille located in the SE ¼ of Section 5 (Tax Key No. 2180.971 / W194 S7060 Hillendale Drive). BE IT FURTHER RESOLVED, That a Building Permit will be required before the deck can be constructed. BE IT FURTHER RESOLVED, That the hours of operation relating to liquor and food sales are subject to the determinations/requirements of the Finance Committee’s approval. th BE IT FURTHER RESOLVED, The liquor license expires 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 permanent structures (i.e. bars, counters, etc.) within the beer deck area will first need City approval. BE IT FURTHER RESOLVED, That a board on board type fencing be installed along the whole eastern perimeter of the parking lot and 6-foot panels be installed around the deck. 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 the dumpster enclosure must be repaired (doors reinstalled) before the deck can be used/occupied. 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: Introduced: May 4, 2010 ATTEST: Kellie McMullen, Recording Secretary