PCR19991480 RESOLUTION #P.C. 148-99
DETERMINATION OF NO EXPANSION OF NON-CONFORMING USE AND
APPROVAL OF BUILDING SITE AND OPERATION PLAN FOR
AT THE PROPERTY LOCATED AT S78 W16355 WOODS ROAD FOWRLY KNOWN
AS THE BAYSIDE INN (TAX KEY NO. 2200.996)
A FAMILY-STYLE RESTAURANT FOR LIBORIO MARRARISI AND JOE LALICATA
WHEREAS, Business Plans were submitted by Liborio Marrarisi and Joe Lalicata for a I use of the former Bayside Inn property as a family style restaurant located at S78 W16355 Woods
I Road on November 24, 1999, and
WHEREAS, Said property is currently zoned RS-2 Suburban Residence District, and a
tavern with incidental food service has operated on the premises as a legal non-conforming use,
and
WHEREAS, Petitioners are proposing to change the use from a tavern with incidental
food service, to a restaurant with a liquor license, and
WHEREAS, Section 6.4(2)(D) of the Zoning Code provides that “Upon petition to the
Plan Commission such (legal non-conforming] uses may be changed to another use provided the
Plan Commission determines that the new use would result in greater, or no less, conformity and
provided further that such new use shall thereajier determine the degree of legal non- e conformity.”, and
WHEREAS. On November 3d. the Finance Committee has recommended that the
Common Council grant a liquor license, subject to Plan Commission approval of the Business Site
and Operation plan and Conditional Use, and on review of the Zoning Code, the later is not
required.
WHEREAS, Petitioners propose no exterior modifications at this time, and
WHEREAS, Petitioners indicate a maximum occupancy is estimated at 50 patrons plus 6-
7 employees.
THEREFORE BE IT RESOLVED, That the Plan Commission finds that the use of the
Bayside Inn for a family style restaurant with liquor service is of a greater degree of conformity to
the RS-2 Suburban Residence District than a tavern with incidental food service. In making this
determination the Plan Commission finds that hours of operation, capacity, and parking needs of
such a restaurant are less than those of a tavern
BE IT FURTHER RESOLVED, That the Plan Commission’s determination of a greater
degree on conformity to the RS-2 Suburban Residence District shall hereafter be the standard for
determining the legal non-conforming use of the property, and in accordance with Section
6.04(20(D) of the Zoning Code, the property formerly known as the Bayside Inn, located at S78
W16355 Woods Road may not hereafter be used for tavern purposes.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the building, site
and operation plan submitted November 24, 1999 Liborio Marrarisi and Joe Lalicata for a use of
the former Bayside Inn property as a family style restaurant located at 578 W16355 Woods Road.
BE IT FURTHER RESOLVED, That this Business Site and Operation plan approval shall
be reviewed by the Plan Commission if petitioner makes modifications which would result in a
capacity of more than 50 patrons at any time, and the Plan Commission reserves the right to
evaluate any such plan on the basis of whether or not such expansion would alter the finding of
”greater degree on conformiy”
BE IT FURTHER RESOLVED, That this Business Site and Operation plan approval shall
not include any exterior modifications to the building or site, and any such modification including
signage shall require Plan Commission review and approval.
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 landscape areas and drainage shall be
maintained in perpetuity unless otherwise authorized by the Plan Commission.
I 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.
Plan Commission
City of Muskego
Approved 12-07-99
Denied
Deferred
12-07-1999
Page 2