PCR1994061APPROVAL OF REQUEST FOR AUTHORIZATION OF A JUDICIAL CHALLENGE
RESOLUTION #P.C. 61-94
TO A DECISION OF THE BOARD OF APPEALS OF THE CITY OF MUSKEG0
ASSOCIATED WITH APPEAL# 6-94 RELATING TO THE SALE OF CARS AT
S75 W17237 JANESVILLE ROAD (PLAN COMMISSION)
WHEREAS, Through Resolution #P.C. 01-93 entitled Approval Of
Expansion Of Conditional Use Grant #56 To Sell Vehicles At S75
W17237 Janesville Road For Ronnie's Mobile, Elke Rea received
approval to display a maximum of three (3) cars for sale at any
one time at 575 W17237 Janesville Road subject to a total of
eight (8) conditions, and
WHEREAS, At some time following the approval of Resolution
vehicles began to be displayed at subject location, and #P.C. 01-93, and in violation to the same, a minimum of ten (10)
violations to the Resolution #P.C. 01-93 existed, on or after
October 5, 1993 Elke Rea filed the necessary documents to
request an additional amendment to the building, site and
operation plan allowing the display of 40 cars at S75 W17237
Janesville Road, and
WHEREAS, Following notification by the City to Elke Rea that
WHEREAS, Through Resolution P.C.# 206-93 entitled
Amended Building Site And Operation Plan To Allow An Increase In
Disapproval Of Expansion Of Conditional Use Grant #56 And
The Number Of Used Automobiles At Ronnie's Mobile, the Plan
Commission denied Elke Rea's request to allow the display of 40
cars and reaffirmed the conditions of approval contained in
Resolution P.C.# 01-93, and
WHEREAS, Despite the decision of the Plan Commission through
Resolution P.C.# 206-93, Elke Rea continued to operate a car lot
in violation of Resolutions P.C.# 01-93 and P.C.# 206-93, and
WHEREAS, Through Appeal#33-93, a petition by Gerald Fohr,
requesting relief from the decision of the Plan Commission to
the Board of Appeals requesting that 40 cars be allowed to be
displayed at 575 W17237 Janesville Road, was denied and remanded
back to the Plan Commission to consider a lesser number than 40
cars, and
WHEREAS, Despite the decision of Board of Appeals through
Appeal# 33-93, Elke Rea continued to operate a car lot in
violation of Resolutions P.C.# 01-93, and P.C.# 206-93, and
WHEREAS, On or after December 16, 1993, Elke Rea filed the
necessary documents through Resolution P.C.# 10-94 entitled
Disapproval Of Expansion Of Conditional Use Grant And Amended
Number Of Used Automobiles To 20 At Ronnie's Mobile, the Plan
Building Site And Operation Plan To Allow An Increase In The
Commission denied said request citing the following:
1. Expansion request is incompatible with existing area
land uses.
2. Based on observations of the illegal operation, the
site lacks sufficient area to support more than three
vehicles; the site is crowded and cluttered.
3. Expansion request creates an inferior traffic
circulation pattern on the site forcing car wash
business traffic on to Lannon Drive. As such the
request is not in the best interest of the public
safety.
4. The primary use of this site is that of service
station. The car wash and vehicle sales were approved
as accessory uses to the service station. Allowing the
expansion would create two primary uses.
5. Neighbors have voiced complaints to Plan Commission
members regarding the request.
6. Existing traffic congestion at the intersection of
Lannon Drive and Janesville Road will be intensified if
car lot is allowed to expand.
7. More suitable locations exits in the City for the level
of use proposed.
8. Current operation is in violation of past Plan
Commission approvals, and
WHEREAS, Despite the decision of Plan Commission through
Resolution P.C.# 10-94, Elke Rea continued to operate a car lot
in violation of Resolutions P.C.# 01-93, P.C.# 206-93, P.C.#
10-94 and Appeal# 33-93, and
WHEREAS, Through Appeal# 6-94, a petition from Elke Rea,
requesting relief from the decision of the Plan Commission and
allow the display of 20 vehicles was filed, was approved and
remanded back to the Plan Commission to obtain site plan
approval.
NOW THEREFORE BE IT RESOLVED, By the authority granted to
Plan Commission under Section 6.11 of the Zoning Ordinance of
the City of Muskego, the Plan Commission of the City of Muskego
does hereby respectfully petition the Common Council of the City
of Muskego to authorize a judicial challenge to the decision of
Appeal# 6-94 relating to the sale of cars at 575 W17237
the Board of Appeals of the City of Muskego associated with
Janesville Road siting the following:
1. Expansion request is incompatible with existing area
land uses.
2.
3.
4.
5.
6.
7.
8.
Based on observations of the illegal operation, the
vehicles; the site is crowded and cluttered.
site lacks sufficient area to support more than three
Expansion request creates an inferior traffic
circulation pattern on the site forcing car wash
business traffic onto Lannon Drive. As such the
request is not in the best interest of the public
safety.
The primary use of this site is that of a service
station. -The car wash and vehicle sales were approved
as accessory uses to the service station. Allowing the
expansion would create two primary uses.
Neighbors have voiced complaints to Plan Commission
members regarding sentiments against the expansion
request.
Lannon Drive and Janesville Road will be intensified if
Existing traffic congestion at the intersection of
car lot is allowed to expand.
More suitable locations exits in the City for the level
of use proposed.
Current operation is in violation of past Plan
Commission decisions contained in Resolutions P.C.#
01-93, P.C.# 206-93, P.C.# 10-94 and the Board of
Appeals decisions contained in Appeal# 33-93 and
Appeal# 6-94.
BE IT FURTHER RESOLVED, That the decision of the Board of
Appeals of the City of Muskego relating to Appeal# 6-94
establishes an undesirable land use precedent as it relates to
the degradation of public safety and community aesthetics for
this area of Janesville Road and Lannon Drive.
City of Muskego
Plan Commission
Adopted 03-15-94
Defeated
Deferred
03-10-94