PCR1999040a
*AMENDED*
RESOLUTION #P.C. 40-99
APPROVAL OF CONDITIONAL USE FOR THE SALE AND SERVICE OF
SNOWMOBILES, PERSONAL WATERCRAFT, AM) ATVs AT THE PROPERTY
LOCATED AT S83 W18410 SATURNDRIVE
(GRAVES AND GARA PETITION)
WHEREAS, Plans were submitted by Arthur Graves and William Gara on March 9, 1999
for conditional use request for building, site and operation plan approval for the sale and service
of snowmobiles, personal watercraft, and ATVs at the property located at S83 W18410 Saturn
Drive. and
WHEREAS, Said property is currently zoned 1-1, Industrial Park District, and said use is a
permitted use by conditional use grant, and
WHEREAS, the sales and service area will be partitioned off inside the tenant’s area.
WHEREAS, No sales or service will be conducted outside the confines of the building,
and no delivered product or machines to be serviced will be stored outside the building, all doors
are to be closed during the servicing of machines, and
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the building,
site and operation plan submitted by Arthur Graves and William Gara on March 9, 1999 for
conditional use request for building, site and operation plan approval for the sale and service of
Drive.
snowmobiles, personal watercraft, and ATVs at the property located at S83 W18410 Saturn
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
Department and that all aspect of this plan as they relate to the size of the tenant area and types of
products offered for sale shall be maintained in perpetuity unless otherwise authorized by the Plan
Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in
this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action,
or both.
BE IT FURTHER RESOLVED, That the definition of a Personal Water Craft is
understood by the Plan Commission to be a non-enclosed vehicle, with an internal engine
powered by a jet drive not to exceed 14’ in length and and a 4.5’ beam.
BE IT FURTHER RESOLVED, That the permissive use shall be limited to the current
4,500 square feet of space occupied by rental unit located at S83 W18410 Saturn Drive, and may
not be expanded in size.
BE IT FURTHER RESOLVED, That the use shall be restricted to the sales and service of
snowmobiles, all-terrain vehicles (ATVs), and personal water craft, and related parts and
accessories.
BE IT FURTHER RESOLVED, That the use shall be restricted to annual gross sales,
including all income from sales of new and used machines. uarts. accessories and service. of 1.8
million dollars ($1,800,000).
.. e BE IT FURTHER RESOLVED, That no more than 2 machines of any and all twes may
be displayed outdoors on the premises at any one time, and no machines may be left outdoors
during non-business hours.
I.
BE IT FURTHER RESOLVED, That the business shall be required to schedule itself
before the Planning Commission annually, on or about the anniversary date of the granting of the
conditional use, for the purpose of reviewing the matter generally, and more specifically to
address: (i) determining whether the business remains in compliance with the conditional use; (ii)
reviewing sales activity records of the business; (iii) determining how close the business is to
achieving its maximum allowed sales at this site; (iv) being updated by the business on its hture
business plans including, when appropriate, its plans to move the business to a new permanent
retail location; and (v) such other matters as are of concern to the Commission.
BE IT FURTHER RESOLVED, That the business shall no less than semi-annually
provide the City Planner with a copy of documentation reporting its total gross sales since the last
report, its total year-to-date sales, a comparison chart showing current year-to-date sales figures
versus prior year-to-date sales figures, and a comparison chart showing annualized sales figures
year by year since starting the business, and the business shall also provide such other
documentation as the City Planner requests to supplement his review.
BE IT FURTHER RESOLVED, That maintenance will be done inside with doors and
windows closed, hours of operation will be 9:OO a.m. to 8:OO p.m. on weeknights and 10 a.m. to
3:OO p.m. on Saturday, no outside storage will be allowed, no parking of trailers in the front of the
building will be allowed, and trailer parking will be permitted in parking spaces on west side of
site not to exceed three in number
THEREFORE BE IT RESOLVED, That the facility will have their own dumpster, and
not share with other tenants.
Plan Commission
City of Muskego
Approved 06-01 -99
Denied
Deferred 04-20-99 05-04-99
4- 13-99
05-18-99
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