PCR2001142RESOLUTION #P.C. 142-2001
APPROVAL OF A SIX MONTH TIME EXTENSION PURSUANT TO SECTION
17:6.12 OF THE ZONING CODE FOR THE BUILDING, SITE AND OPERATION
PLAN FOR BURKE PROPERTIES INC. FOR THE PURPOSE OF OPERATING
A GASOLINE SERVICE STATION AND CONVENIENCE STORE, LOCATED IN
THE NE 'A OF SECTION 25 (TAX KEY NO. 2257.978.003 I LOOMIS ROAD)
WHEREAS, On September 21, 1999 the Plan Commission adopted Resolution
#PC 100-99, Approval of a Building Site and Operation Plan and Conditional Use
Grant for Burke Properties Inc. For The Purpose Of Operating A Gasoline
Service Station And Convenience Store, and
WHEREAS, Resolution #PC 100-99 states that the approval is subject to the
time restrictions for Plan Commission approvals found in Section 17:6.12 of the
City of Muskego Zoning Code, which states,
"Plan commission approvals granted for building, site and operation
plans, signs, second garage structures, temporary structures and sketch
land divisions in which the petitioner has not commenced construction
activity or preparation of the land, or has not submitted a Certified Survey
Map or Preliminary Plat within the past 24 months of the date of approval,
said approval will expire and reapplication will be required. A
reapplication shall be limited solely to reasonable compliance with current
design, locational, and operational requirements. A reapplication shall
not involve the basic permissibility of the use where such use is permitted
by right at the time of reapplication. The Plan Commission may grant
one six month extension if requested 30 days prior to the pending
expiration date provided that the applicant demonstrates a valid cause.
This section shall be in force and effect for all applications filed after the
date of adoption and publication of Ord. #966."
and
WHEREAS, On August 28, 2001 the Planning Department received a request
from Burke Properties, on behalf of Loomis-Martin LLC, to grant a six month time
extension pursuant to said Section 17:6.12, and
WHEREAS, Petitioner has indicated that market conditions over the past 24
months has not warranted construction, and the Plan Commission finds that this
represents a valid cause for delay.
0 THEREFORE BE IT RESOLVED, That the Plan Commission approves of a one-
time six month time extension for the Building, Site and Operation Plan for Burke
Properties Inc. for The purpose of operating a gasoline service station and
convenience store.
Plan Commission
City of Muskego
Adopted: September 18,2001
, Defeated:
Deferred:
Introduced: September 18,2001
ATTEST. Sandi Asti, Recordin Secretary .L& A