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PCR2004054AMENDED RESOLUTION #P.C. 054-2004 APPROVAL OF AN ANNUAL REVIEW FOR SALE OF FIREWORKS FOR VINCE AND HEATHER SIEGEL AT THE JETZFUEL PROPERTY LOCATED IN THE SW ¼ OF SECTION 2 (S69 W15461 JANESVILLE ROAD / TAX KEY NO. 2167.995.011) WHEREAS, A request has been submitted by Vince and Heather Siegel to locate a temporary sales tent and signs advertising the sale of fireworks at the JetzFuel property located at S69 W15461 Janesville Road, and WHEREAS, Fireworks sales were not previously operated at this location, and that temporary sales vendors are limited to one on site at any one time, and WHEREAS, The tent canopy will be 20’ x 40’ in size, and WHEREAS, Signage has been depicted on the proposal as banners that will be attached at all sides of the canopy, and WHEREAS, A site plan has been filed for Staff review and that proof of sanitary facilities accommodations has been provided, and WHEREAS, Outdoor sales is not allowed as per the BSO for Jetzfuel and Resolution #072a-2003, although Plan Commission may make the determination that temporary fireworks sales is not restricted, and WHEREAS, The location depicted is in the northwest are of the parking lot and this location appears to conflict with a Wisconsin Chief Fire Officer Guidebook note that storage and handling of fireworks may not be within 50 feet of a dwelling, public assembly, or where gasoline or volatile liquids are dispensed in quantities greater than 1 gallon, and WHEREAS, An electrical permit and inspection will be required by the Building Inspection Department for the electricity hookup, and WHEREAS, A Transient Merchant License will be required to be obtained from the City Clerks Office. THEREFORE BE IT RESOLVED, That the Plan Commission approves the request for a temporary stand at the JetzFuel parking lot for fireworks sales for Vince and Heather Siegel subject to the following conditions: 1. Dates of operation approved from June 26th, 2004, to July 4, 2004, and 2. Hours of operation permitted only from 8am to 9pm, and 3. A letter of approval from the property owner has been submitted to the Planning Department approving rental space for Mr. and Mrs. Siegel, and 4. Applicable permits / licensing must be obtained from the Building Inspection department prior to any site work on the property. 5. Petitioner to obtain a Transient Merchants License from the Clerk-Treasurer’s Office. BE IT FURTHER RESOLVED, That Plan Commission finds this use to be of a temporary nature and will permit the use in contrary to Resolution #072a-2003 as long as only one such use is permitted during any one period of time subject to Plan Commission approval. BE IT FURTHER RESOLVED, That the location of the fireworks stand must be at least 50 feet or greater from the gasoline dispensers. BE IT FURTHER RESOLVED, That if the original location is outside of the 50 foot distance from the gasoline pumps, the temporary fireworks stand will be located in the northwest corner of the JetzFuel parking lot. If the original location is within the 50 foot distance, the temporary stand will be located south of the car wash and east of the vacuum area. Plan Commission City of Muskego Adopted: May 18, 2004 Defeated: Deferred: Introduced: May 18, 2004 ATTEST: Sandi Asti, Recording Secretary