PCR1992088DISAPPROVAL OF REQUEST FOR A CONDITIONAL USE GRANT TO ALLOW
RESOLUTION #P.C. 88-92
AN EXPANSION TO THE PRESENT CONDITIONAL USE PERMIT TO SELL CARS
AT 581 W18510 GEMINI DRIVE BY KENNETH J. GUMMO
of Muskego Automotive requesting auto sales at S81 W18510 Gemini
WHEREAS, A site plan has been submitted by Kenneth J. Gummo
Drive which is considered an expansion to a Conditional Use
Permit, and
Conditional Use Permit in 1985 through Resolution #P.C. 69-85
WHEREAS, The property is zoned 1-1 and was granted a
and the existing use allows for mechanical automotive repair
exclusively and included several conditions of approval as
follows:
a. Hours of operation 7:30 A.M. to 5:30 P.M. Monday throuqh
Friday.
b. Noise, odor, dust Driveway asphalted, Parkinq area
dust-proofed; no painting or commercial body work.
c. Sign will submit plan.
d. Off-street parking as above.
e. Outside storage of materials none, except for cars waiting
for service, and no wrecked cars.
north to due west across the gravel area about 25 feet. and
f. Landscaping review plans of Gemini Industries , fence from
WHEREAS, The City's Code of Ordinances at Section 17:8.15
automobiles per the B-3 Zoning District as conditional uses in
(7) C. 1 permits service and sales establishments for
the 1-1 Zoning District if approved by the Plan Commission, and
WHEREAS, The owners of property within 300 feet of this
property have been notified of the public hearing and a public
hearing has been held in conformance with Section 17:3.07 of the
City's Code of Ordinances, and
WHEREAS, The proposal for the sales operation includes;
approximately 12- 15 vehicles, but no more than 15 consisting of
cars, pick-ups and vans, and the proposed parking for the car
with the parking surface being either gravel or blacktop, and
sales would be east of the building and west of Racine Avenue
the proposed business hours would range from 9:00 AM to 6:OO PM,
Monday through Friday and 9:00 AM to 3:OO PM on Saturday, and
89-92, which will follow.
WHEREAS, A sign request is presented in Resolution #P.C.
THEREFORE BE IT RESOLVED, That the Plan Commission of the
present conditional use.
City of Muskego disapprove the request for an expansion to the
BE IT FURTHER RESOLVED THAT, Section 17:6.03 (2) C. of the
City's Code of Ordinances requires that if a request is
disapproved the Plan Commission "shall indicate the reasons for
disapproval". The reason(s) for disapproval is/are as follows:
Park (as amended) in paragraph 3 state that "sideyards on the
1. The Rules and Regulations for the Muskego Business/Industrial
street side of corner lots shall be thirty-seven and one-half
(37-1/2) feet, and the use of such area shall be in accordance
with the provisions of Paragraph 2 of these restrictions except
Although the side-yard is greater than 37-1/2 feet, there will
that employee parking shall be permitted in this area".
be no space for employee parking as the employees presently park
yard area is for employee parking such as is present at Marek
in the area proposed for auto sales. The intent of the side
Lithographic and not sales of automobiles.
Plan Commission shall base their determination on general
2. Pursuant to Section 17:6.03 (1) B. Basis for Approval: "The
considerations as to the effect of such grant on the health,
general welfare, safety and economic prosperity of the City and
would be located, includinq such considerations as the effect on
specifically of the immediate neighborhood in which such use
added). The proposed use would have a deleterious effect on the
the established character and quality of the area" (underline
differs substantially from the present conditional use and
established character and quality of the area. The proposed use
conflicts with the conditions placed on the property in
Resolution #P.C. 69-85.
Plan Commission
City of Muskego
Adopted
Defeated
Deferred 5 - 5- ?,"/ -&zg&&, S-/a/-?L