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PCR20021530 RESOLUTION #P.C. 153-2002 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT AND CENTRE PLANNED DEVELOPMENT DISTRICT FOR THE BERG PROPERTY LOCATED IN THE SE X OF SECTION 8 (TAX KEY NO. 2192.970 / RACINE AVENUE) DETERMINATION OF NON-SUBSTANTIAL CHANGE TO THE APPROVED MUSKEG0 WHEREAS, On October 23, 2002 an amended landscape plan was submitted by Tom Berg d/b/a Berg Construction for the Muskego Centre Planned Development on Racine Avenue, and WHEREAS, The property is zoned B-ZfOPD. Local Service Center District as modified by the Code, and Planned Development District, and fences are permitted subject to Section 17:6.09 of the Zoning WHEREAS, The petitioner is proposing to install a split-rail fence along the northeast property boundary, and WHEREAS, The proposed fence will extend approximately 200-feet along the lot line, and the posts will measure 42-inches in height, with the top rail measuring 36-inches above grade, and WHEREAS, The petitioner has indicated that traffic continually drives over the grass strip separating the Muskego Centre parking lot from the parking lot located on the adjacent property, causing disturbances to landscaped areas, and WHEREAS, Section 17:6.02 of the Zoning Code permits the Plan Commission and Common Council to consider amendments to the District as either "substantial" or "non-substantial" changes. In the event that an amendment is considered substantial, a public hearing would be held prior to Common Council consideration. THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amendment to the Building Site and Operation Plan to allow the installation of a split-rail fence by Tom Berg for the Muskego Centre Planned Development in the SE % of Section 8. change to the approved Dreamland Planned Development District and recommends to the BE IT FURTHER RESOLVED, That the Plan Commission determines this to be a non-substantial Common Council that no public hearing shall be required. 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. 0 Plan Commission City of Muskego Adopted: November 5,2002 Defeated: Deferred: Introduced: November 5,2002 ATTEST. Sandi Asti, Recording Secretary