PCR1997137AMENDED
RESOLUTION #P.C.137-97
APPROVAL OF AN AMENDMENT TO A BUILDING, SITE AND OPERATION
PLAN BERT SCHNEIBER AT THE PROPERTY LOCATED AT
S64 W18295 MARTIN DRIVE
WHEREAS, Plans were submitted to the Planning Department for a proposed amendment
to the Building, Site and Operation Plan of non-conforming use and structure on the property
located at S64 W18295, known as B Michael’s, and
WHEREAS, The plans submitted indicate that a split rail fence will be installed
surrounding the parking area along the eastern end of the lot, a dumpster enclosure with an
overhead roof and a boardwalk along the Martin Drive entry, and
WHEREAS, Citizens complaints have been received by the district alderman regarding
dust originating from the unpaved parking lot and bar traffic on Garnet Drive, and
WHEREAS, The fencing located along the eastern edge and along Garnet Drive would be
in compliance with the Zoning Code, the fencing along Martin Drive and the boardwalk would be
within the City’s ultimate right-of-way thus would not be in compliance with the Zoning Code,
and enclosure and the boardwalk, would be expansions of a legal non-conforming structure, and
WHEREAS, The Plan Commission must determine if this proposal represents a substantial
or non-substantial change to the existing conditional use, and if this change represents a greater ot
lesser degree of non-conformity, and
WHEREAS, If the Plan Commission finds these changes to be acceptable, it must be
determined if this request should be forwarded to the Board of Appeals for a ruling on the non-
conforming aspects of this request, or if the Plan Commission should exercise its authority
granted by Section 17:6.03(3)C. of the Zoning Ordinance and allow these non-conforming aspects
to be implemented without the need for a ruling by the Board of Appeals.
THEREFORE BE IT RESOLVED, That the Plan Commission finds this request to
represent a non-substantial change to the existing conditional use and thus a public hearing is not
required.
BE IT FURTHER RESOLVED, That the Plan Commission finds that implementation of
this request represents a lesser degree of non-conformity.
BE IT FURTHER RESOLVED, That the Plan Commission approves of this request
subject to the conditions that the parking is paved with asphalt by November 1, 1997 and the
Garnet Drive access is gated and only used for emergency or bad weather conditions.
BE IT FURTHER RESOLVED, That under the Authority of Section 17:6.03(3) C. Of
the Zoning Ordinance, the Plan Commission finds that a literal application of Ordinance standards
is not necessary to the proper regulation of this conditional use and this proposal will not result in
an adverse effect upon surrounding properties if implemented with the following conditions: 1).
The parking lot is paved by November I, 1997 2). The Garnet Drive access is gated and only
used for emergency or bad weather conditions.
BE IT FURTHER RESOLVED, That all aspects of this approval shall be implemented as
presented in the site plan submittal datedreceived June 20, 1997 and as modified by the Plan
Commission.
BE IT FURTtIER RESOLVED, That failure to comply with this approval 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 the completion of the fencing, dumpster and
landscaping will be completed by September 1, 1997 The paving of the parking area and
installation of the boardwalk will be completed by November 1, 1997 That compliance in
perpetuity to this approval is required unless otherwise authorized by the Plan Commission.
Plan Commission
City of Muskego
Approved 07-0 1-97
Denied
Deferred
06-23-97