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PCR1993214RESOLUTION #P.C. 214-93 AMENDED APPROVAL OF REQUEST FOR EXPANSION OF AN EXISTING CONDITIONAL USE GRANT AND AMENDED BUILDING, SITE AND OPERATION PLAN TO ALLOW MERCHANDISING AND WHOLESALING OF A TREE SERVICE BUSINESS, LANDSCAPING PRODUCTS h MATERIALS, LAWN h GARDEN ORNAMENTS AND OTHER MOVABLE LAWN AND GARDEN MERCHANDISE BY ALLAN MERFERT AND WARREN RUSS LOCATED AT S65 W13964 JANESVILLE ROAD WHEREAS, The Plan Commission of the City of Muskego has received a petition from Mr. Allan Merfert h Mr. Warren Russ for the expansion of an existing Conditional Use Grant to allow for: the operation of a tree service business including the storage of associated equipment and vehicles; the outside storage/display and sale of landscaping products and materials dirt; and the manufacture, outdoor storage/display and sale of including logs, wood chip, decorative stone and gravel, sand and lawn and garden ornaments and other movable lawn and garden merchandise, and property have been notified of the Public Hearing, and a Public WHEREAS, The owners of the property within 300 feet of this Hearing has been held in conformance with Section 17:3.07 of the City'..s Code of Ordinances, and of a Conditional Use in the 8-2 Zoning District upon the approval of the Plan Commission, and WHEREAS, The City's Zoning Ordinance permits the expansion WHEREAS, The regulations provide that a Building, Site and Operation Plan be submitted for approval by the Plan Commission petitioner is requesting approval of said Building, Site and in conjunction with the Conditional Use Grant request and the Operation plan, and WHEREAS, The petitioners are proposing to operate said business between the general hours of 8:OOA.M. and 5:OOP.M. under the name of "Russ's Tree Service". THEREFORE BE IT RESOLVED, That the Plan Commission Of the City of Muskego does hereby grant an expansion to the existing Conditional Use Grant to allow for the operation of a tree service, landscape products sales, and lawn and garden ornament manufacturing and sales all under the name of "Russ's Tree Service". BE IT FURTHER RESOLVED, That the expanded Conditional Use Grant is recorded within 30 days of the Plan Commission approval and shall be subject to the following conditions: 1. Vehicles, equipment, and landscape materials shall not be stored in the front yard areas. Yard ornament display shall be allowed to be displayed no closer than 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50 feet to the base setback line of Janesville Road. Materials processing such as log splitting shall not be allowed in the the front yard area. Wood chipping or grinding of a commercial nature shall not be conducted at this location. Signage shall be limited to one (1) free standing sign subject to any necessary permits and variances from the Board of Appeals. All illegal existing temporary signage shall be removed and may be displayed only upon the approval of the Plan Commission and the issuance of all proper permits. All employee parking shall be confined to areas north of the residence. Outside storage of materials and equipment shall be limited to that which is depicted on Exhibit "C" entitled "Russ's Tree Service Areas Affected By Variance". All other materials and equipment not directly associated with RUSS'S Tree Service or the lawn ornament business but currently being stored on the property shall be removed by April 30, 1994. All proposed landscaping shall be completed by June 30, 1994. General hours of operation shall be from 8:OO A.M. to 5:OO P.M. Monday through Friday, 8:OO A.M. to 5:OO P.M. on Saturday, and hours on Sunday as required. Sale of lawn ornaments may be conducted Monday through Saturday, 8:OO A.M. to 9:00 P.M., and Sundays, 11:OO A.M. to 5:OOP.M. All other aspects of operation associated with this business shall conform to the Building, Site, and Operation plan as submitted to and amended by the City Plan Commission. Failure to comply with these conditions may result in the revocation of this Conditional Use Grant, the imposition of fines, or both. That the previously approved mini warehouse adopted through previous Resolutions will become null and void on April 30, 1994 unless the Plan Commission amends these conditions of approval by April 30, 1994. An end wall will be attached to the outside of the mold building to screen the curing rack that is outside. 12. The hours of operation for the manufacture of concrete statues will not be during the hours of 12:OO A.M. and 6:OO A.M. CITY OF MUSKEGO PLAN COMMISSION Adopted 12-07-93 Defeated Deferred 11-29-93 a