PCR2002169a AMENDED I RESOLUTION #P.C.169-2002
CROSSROADS FOOD AND BEVERAGE PROPERTY LOCATED AT 563 W18603 MARTIN
APPROVAL OF A CONCEPTUAL BUILDING SITE AND OPERATION PLAN FOR THE
DRIVE (TAX KEY 2174.991)
WHEREAS, On November 22. 2002 plans were submitted by Reid Murphy for a conceptual
Building Site and Operation Plan for the addition of carry-out deli sales in the Crossroads Food
and Beverage store located at S63 W18603 Martin Drive, and
WHEREAS, The property is zoned RS-2 Suburban Residence District. and this district does not
allow commercial activity, and
WHEREAS, The petitioner has indicated that the business operations currently include liquor
sales, sandwiches, and convenience mart items. and
WHEREAS, The existing use predates the Code adoption and is classified a legal non-
conforming as a residential, and
WHEREAS, The City's records indicate that the property has been continuously referenced as
"Crossroads Food and Liquor." and the records do not indicate to what extent, or how long, the
food sales activities have occurred simultaneously, and
states that when an operator changes the nature of the non-conforming use by expanding the
WHEREAS, Recent Wisconsin Court of Appeals Case Law, specifically Racine County v. Staege,
business to sell a broader range of items, the nonconforming use rights are forfeited, and
WHEREAS, The institutional memory of several City Staff members reveals that limited deli sales
have occurred for years, and
WHEREAS, The 2010 Comprehensive Plan depicts the area for medium-density residential
development, and the proposal is consistent with the Pian, and
WHEREAS, The adopted Street and Highway System Plan illustrates that Martin Drive has an
ultimate right-of-way of 100-feet, and Topaz Drive has an ultimate right-of-way of 60-feet. and a
dedication cannot be required at this time.
THEREFORE BE IT RESOLVED, That the Plan Commission finds that the current proposal is in
keeping with the past operations on the property and approves of the conceptual Building Site
and Operation Plan submitted by Reid Murphy for the addition of carry-out deli sales in the
Crossroads Food and Beverage store located at S63 W18603 Martin Drive.
BE IT FURTHER RESOLVED, That m-&s indoor seating for food consumption is expressly
prohibited.
BE IT FURTHER RESOLVED, That carry out deli sales are approved subject to obtaining
and provision of a Class D Retail Food Sales License.
BE IT FURTHER RESOLVED, That the petitioner must submit a formal Building Site and
Operation Plan amendment illustrating the proposed exterior changes in detail including
architecture, lighting, parking, and landscaping prior to commencement of the proposed activity.
BE IT FURTHER RESOLVED, That this approval is granted in concept only and final action is
only an indication of the current intent of the Plan Commission; Final submittals are subject to
future review and consideration by the Plan Commission, municipal committees of jurisdiction,
and other agencies, and approval of final plans is not guaranteed by this action of the Plan
Commission.
Plan Commission
City of Muskego
Adopted: December 3,2002
Defeated:
Deferred:
Introduced: December 3,2002
AlTEST. Sandi Asti. Recording Secretary