PCR1995023AMENDED
APPROVAL OF AMENDED CONDITIONAL USE GRANT AND BUILDING,
SITE & OPERATION PLAN TO ALLOW A LANDSCAPE BUSINESS BY JOHN
TERRA FIRMA LANDSCAPE, FOR THE PROPERTY LOCATED AT
INGERSOLL AND DAVID h HEATHER SCHUSTER,
566 W14427-31 JANESVILLE ROAD
RESOLUTION P.C. 23-95
WHEREAS, A amended Conditional Use Grant and Building, Site
and Operation plan was received on January 31, 1995, and
Business and the proposed use requires a conditional use grant,
and
WHEREAS, The subject property is zoned B-3 - General
Conditional Use Grant application were submitted to the Planning
WHEREAS, An amended building, site and operation plans and a
Department by John Ingersoll and David h Heather Schuster for
the property located at S66 W14427-31 Janesville Road, and
WHEREAS, The owners of property within 300 feet of this
property have been notified of the public hearing, and said
public hearing has been held in conformance with Section 17:3.07
of the City's Code of Ordinances, and
WHEREAS, Access to the property is from CTH "L", and
WHEREAS, It is proposed to operate a landscape business from
this property as defined in the petitioners submittals received
January 13, 1995, and the operation will include the parking of
three (3) 1 ton dump trucks, three (3) loaders at 20 and 68
mowing equipment, five (5) assorted trailers, parking for eight horse power, four pick-up trucks, six (6) assorted pieces of
(8) to ten (10) employees, and
WHEREAS, It is proposed to utilize the second floor of the
building as a residence; an activity which is permitted by an
existing automatic conditional use dating back to the adoption
of the existing Zoning Ordinance, and
THEREFORE BE IT RESOLVED, That the Plan Commission approve
the Building, Site, and Operation plan by John Ingersoll and
John h Heather Schuster and that the Building, Site and
Operation Plan dated received January 31, 1995, be kept on file
in the Building Department.
BE IT FURTHER RESOLVED, That this Building Site and
Operation Plan is approved subject to the following conditions:
1. The removal from this property of the conditional use
allowing the treating and sales of railroad ties.
2. Truck and equipment storage on this property is limited
to the that of business holding legal occupancy of the
building.
with an existing automatic conditional use dating back to
3. Residential quarters will be utilized in accordance
the adoption of the existing Zoning Ordinance.
4. Signage will be limited to one free standing pole sign
erected on the existing sign pole. Said sign shall not
exceed 37.7 square feet and 20 feet in height.
5. Landscaping shall be installed in accordance with the
submitted elevation drawings.
be filed with the City and recorded with the Register of
6. In compliance with Section 17:50 E. an affidavit shall
Deeds stating that owner will remove, when necessary, all
signage and landscaping found to be in the planned
right-of-way of Janesville Road at owners expense when
necessary for the improvement of Janesville Road and will
hold harmless the City of Muskego for all injury, damage or
costs associated with subject signage and landscaping.
be submitted to the City, in the City's favor, equal to twice
the value of paving and landscaping improvements. Said bond
shall be released upon completion of improvements or forfeited.
BE IT FURTHER RESOLVED, That a bond, letter of credit shall
with the conditions of this Building, Site and Operation Plan
shall result in the imposition of fines of $100 per day per
violation, the initiation of legal action, or both.
BE IT FURTHER RESOLVED, That failure to perpetually comply
twenty-eight (28) individual parking spaces including ten (10)
employee parking spaces (towards the front), two residential
equipment or vehicles, as indicated in the sixth WHEREAS in the
living unit spaces and parking of other various pieces of
building and removal of all previously approved Conditional Use
resolution, to the rear of the visual break of the existing
BE IT FURTHER RESOLVED, That there is a total of
BE IT FURTHER RESOLVED, That repair and owner maintenance
of equipment is allowable on site, outside storage and sale of
vegetation is allowed within the fenced area located to the
rear near the bins, the dumpster will be screened from the
south and west lot lines, both the front and rear gates will be
screened with privacy slats that are earth tone in color, six
(6) customer parking spaces in the front of the building and
there will be not outside maintenance of vehicles past sunset
or prior to sunrise.
Plan Commission
City of Muskego
Adopted 03-07-95
Defeated
Deferred
03-02-95