PCR20000120 RESOLUTION #P.C. 012-2000
DETERMINATION OF NO EXPANSION OF NON-CONFORMING USE AND
APPROVAL OF BUILDING SITE AND OPERATION PLAN FOR
A HAIR SALON FOR CHRISTEN JACQUES
AT THE PROPERTY LOCATED AT W194 S7060 HILLENDALE DRIVE FORMERLY
KNOWN AS CHANGES PUB AND GFULL (TAXKEY NO. 2180.971)
WHEREAS, Business Plans were submitted by Christen Jacques for a use of the Changes
Pub and Grill property, located at W194 S7060 Hillendale Drive on December 16, 1999, and
WHEREAS, Said property is currently zoned RS-2 / OED Suburban Residence District
with Existing Development Overlay, and a tavern has operated on the premises as a legal non-
conforming use, and ~
I
WHEREAS, Petitioners are proposing to change the use from a tavern to a hair salon, 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 anofher use provided the
Plan Commission determines thal the new use would result in greater, or no less, conformiry and
provided jtrther that such new use shall thereafter determine /he degree of legal non-
conjormity.”, and
e WHEREAS, Petitioners propose no exterior modifications at this time, and
WHEREAS, Petitioners indicate a maximum employment is estimated at 7-10 persons,
and each employee could serve one patron at any time, and
WHEREAS, Petitioner has indicated hours of operation to be 7:OO AM to 9:OO PM
Monday through Friday, and 8:OO AM to 5:OO PM Saturday and Sunday.
THEREFORE BE IT RESOLVED, That the Plan Commission finds that the use of the
Changes Pub and Grill property for a hair salon is of a greater degree of conformity to the RS-2
Suburban Residence District than a tavern. In making this determination the Plan Commission
finds that hours of operation, capacity, and parking needs of a hair salon 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 Changes Pub and Grill,
located at W 194 S7060 Hillendale Drive 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 December 16, 1999 by Christen Jacques for a use of the property as
a hair salon
Resolution #PC 012-2000
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0 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 any
expansion on non-conformity as determined by the Planning Department. The Plan Commission
reserves the right to evaluate and approve, or reject any such plan on the basis of whether or not
such expansion would alter the finding of “geuter degree on conformily ”
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.
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
e Approved
Denied
Deferred
REMOVED FROM AGENDA 01-04-00
Introduced Januan, 4.2000
ATTEST. 1 dA
Sandi Asti, Recording Secretary
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