PCR2002001e
I)
RESOLUTION #P.C. 001-2002
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
OMALLEY INVESTMENTS FOR THE PURPOSE OF OPERATING A GASOLINE
SERVICE STATION AND CONVENIENCE STORE, LOCATED IN THE NE %OF
SECTION 25 (TAX KEY NO‘S. 2257.997 AND 2257.998.004 I LOOMIS ROAD)
WHEREAS, On February 1, 2000 the Plan Commission adopted Resolution #PC 1 11 2a-
99, Approval of a Building Site and Operation Plan and Conditional Use Grant for
O’Malley Investments For The Purpose Of Operating A Gasoline Service Station And
Convenience Store, and
WHEREAS, Resolution #PC 112a-99 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, The Planning Department received a request from O’Malley Investments 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.
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 O’Malley Investments
for The purpose of operating a gasoline service station and convenience store.
Plan Commission
City of Muskego
Adopted: January 15,2002
Defeated:
Deferred:
Introduced: January 15. 2002
ATTEST Sandi Asti. Recording Secretary 4. &i!L