PCR2005039AMENDED
RESOLUTION #P.C.039-2005
APPROVAL OF AN AMENDED BUILDING SITE AND OPERATION PLAN AND
AN AMENDED CONDITIONAL USE GRANT FOR AUTOMOBILE SALES AND
SERVICE FOR DURHAM HILL AUTO AT THE PROPERTY LOCATED IN THE NE ¼
OF SECTION 25
(S98 W12578 LOOMIS DRIVE / TAX KEY NO. 2257.982.002)
WHEREAS, On February 17, 2005 and February 25, 2004 plans were submitted by
Brian Holtz for an amended Building, Site and Operation Plan and an amended
Conditional Use Grant for the sales and service of vehicles located in the NE ¼ of
Section 25 (Tax Key No. 2257.982.002 / S98 W12578 Loomis Drive), and
WHEREAS, The property is zoned B-4, Highway Business, and is subject to a
conditional use grant allowing the operation of auto sales and service, and
WHEREAS, The petitioner is requesting the permission to sell twenty-four (24) vehicles
from the above mentioned property, and
WHEREAS, The provision of the Conditional Use Grant that allowed rental vehicles will
be removed, and
WHEREAS, There were vehicles allowed for sale on this property at one time, but that
request was switched to rental vehicles only on August 1, 2000, and
WHEREAS, The Public Hearing for this Conditional Use Grant was held on March 15,
2005, and
WHEREAS, The existing house on the property will be razed to create space for salable
vehicles, and
WHEREAS, The western portion of the site will be paved to accommodate the new
salable vehicles, and
WHEREAS, The existing commercial building will be repainted light gray or white, and
WHEREAS, There are four (4) customer parking stalls plus one (1) handicap stall which
meet the requirements of the code, and
WHEREAS, The customers parking stalls will be 10’ x 20’ and the stalls for salable
vehicles will be 9’ x 18’, and
WHEREAS, There has not been a landscape plan submitted at this time, and
WHEREAS, The dumpster is tucked in a corner near the side/rear of the building and
there is no dumpster enclosure shown at this point, and
WHEREAS, There is no additional lighting proposed at this time but if any lighting is
requested it will need Plan approval, and
WHEREAS, There is no additional signage proposed at this time but if any new signage
is requested it will need Plan approval, and
WHEREAS, The petitioner is proposing five (5) temporary vehicles for sale that will be
located within the Right-of-Way, and
WHEREAS, The petitioner will no longer be selling vehicles across the street at the
southeast corner of Loomis Dr. and North Cape Rd.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the amended
Building, Site and Operation Plan and an amended Conditional Use Grant for Brian Holtz
for the sales and service of vehicles located in the NE ¼ of Section 25 (Tax Key No.
2257.982.002 / S98 W12578 Loomis Drive).
BE IT FURTHER RESOLVED, All disturbed areas on the site are required to be seeded.
BE IT FURTHER RESOLVED, A landscape plan shall be approved by the City Forester
prior to any work being started on the site.
BE IT FURTHER RESOLVED, That the parking spots along Loomis Drive must have
parking stops.
BE IT FURTHER RESOLVED, That all parking stalls shall be striped, except for the five
(5) temporary stalls.
BE IT FURTHER RESOLVED, That no junk vehicles and/or automobile parts can be
located outside of the building.
BE IT FURTHER RESOLVED, That is the dumpster area become unsightly to
surrounding view, the property owner will be required to enclose the dumpster with some
type of fencing.
BE IT FURTHER RESOLVED, No service will be conducted outside the confines of the
building, and no outside storage will be allowed, and
BE IT FURTHER RESOLVED, That signage and banners displayed on vehicles for sale
is prohibited, except for a price sign hanging from the rear view mirror and for vehicle
disclosure information to be visible as required by State Law.
BE IT FURTHER RESOLVED, That an annual review shall be conducted on the month
of March every year to assure the guidelines set forth are being followed and the fees for
the annual review can be incorporated to other annual reviews if the property owner
owns more than one property subject to an annual review.
BE IT FURTHER RESOLVED, That the five (5) temporary vehicles for sale will be
removed from the Right-of-Way by August 1, 2005 or when the new parking area is
completed, which ever occurs first.
BE IT FURTHER RESOLVED, That the Director of Engineering must review the site for
any stormwater concerns before any work is started on the site.
BE IT FURTHER RESOLVED, Grading plans will need to be approved by the
Engineering Department for the site before any site grading is started.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
Department and that all aspect of this plan shall be maintained in perpetuity unless
otherwise authorized by the Plan Commission.
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.
BE IT FURTHER RESOLVED, That landscape plan must include some type of
screening, either fence or shrubs, on the west property line.
Plan Commission
City of Muskego
Adopted: March 15, 2005
Denied:
Deferred:
Introduced: March 15, 2005
ATTEST: Sandi Asti, Recording Secretary