PCR1995022DISAPPROVAL OF AMENDED CONDITIONAL USE GRANT AND
RESOLUTION #P.C.-22-95
AMENDED BUILDING, SITE AND OPERATION PLAN TO ALLOW WHITEHORSE
VACUUM FOR THE PROPERTY LOCATED AT S83 W20411 JANESVILLE ROAD
WHEREAS, A amended Conditional Use Grant and amended
Building, Site and Operation Plan has been submitted on February
2, 1995, by Jerry C. Schwarten agent of Walter Bohrer, is a
request for inside parking/storage of four (4) semi straight
trucks, three (3) with vacuum units attached, two (2) trailer
units inside of the red commercial building, and
Residence/Overlay Highway Service District, and
WHEREAS, The subject property is zoned RS-2/0HS - Suburban
WHEREAS, Through P.C.223-94 the Planning Commission voted to
disapprove this same request, and
WHEREAS, On December 20, 1994 this same petition failed to
obtain a successful vote of Planning Commission members to
reconsider the disapproval of Resolution P.C. 223-94, and
WHEREAS, While the current proposal offers to locate
companion office operations of Whitehorse Vacuum at this
location, the proposal represents no substantial change in the
principle use which is truck storage, and
WHEREAS, Such a use is not permitted by right or by
conditional use in the RS-2/0HS District, and
WHEREAS, Such a use is permitted by right in the 1-1
Industrial Park District were like uses such as CAT Trucking,
The Shop and Merit Asphalt occur, and
be approving a defacto rezoning to 1-1 Industrial Park District,
WHEREAS, By approving this request the Plan Commission would
an action whose assigned Statutorial Authority rests solely with
the Common Council of the City of Muskego.
THEREFORE BE IT RESOLVED, That the Plan Commission
disapprove the Amended Conditional Use Grant and Amended
Building, Site and Operation Plan by Jerry C. Schwarten, agent
for Walter Bohrer for the property located at 583 W20411
Janesville Road.
BE IT FURTHER RESOLVED, That the Plan Commission's action
in this request is based on the following facts:
1. The Plan Commission finds that the proposed use is
districts of RS-2 Suburban Residence and A Agricultural.
inconsistent with the surrounding and underlying zoning
2. The Plan Commission finds that the proposed use is not
a permitted use either by right or by conditional use in the
RS-2/QHS District
no substantial change in the principle use which is truck
3. The Plan Commission finds that the proposal represents
storage.
4. The Plan Commission finds that approval of this
proposal would constitute a defacto rezoning to 1-1, an
action which violates the Statutorial authority of the
Common Council of the City of Muskego.
Plan Commission
City of Muskego
Adopted 03-07-95
Deferred
Defeated
03-01-95