PCR2005073
AMENDED
RESOLUTION #P.C. 073-2005
APPROVAL OF AN AMENDMENT TO A BUILDING, SITE, AND OPERATION PLAN
FOR THE P.J.’S TRUCKING PROPERTY LOCATED IN THE NE ¼ OF SECTION 25
(W125 S9861NORTH CAPE ROAD / TAX KEY NO. 2257.981)
WHEREAS, Plans were submitted on May 16, 2005 by P.J.’s Trucking for a property
located at W125 S9861 North Cape Road (Tax Key No. 2257.981), and
WHEREAS, Said property is currently zoned B-4, Highway Business District, and
WHEREAS, The property currently consists of an existing residence to the north, a
garage structure to the west (Rear), a carport utilized for commercial purposes, a
commercial building utilized by Eagle Embroidery to the east (Front) of the property, and
a parking lot for the Eagle Embroidery commercial building in the middle of the property,
and
WHEREAS, The property currently has an old BSO for various commercial activities on
the site and a CUG approval for the restoration of automobiles on the site, and
WHEREAS, The CUG allowed the use of the restoration of vehicles on the site and
specifically restricted the operating times of the business, that all off street parking and
storage of cars be out of view from the North Cape Road right-of-way, and that no
outside storage of materials be allowed, and said CUG may not be required any further,
and
WHEREAS, The property manager is applying for an amendment to the current BSO to
bring the current operations of the property up-to-date, and
WHEREAS, The new BSO approval will consist of utilizing the commercial structure
fronting North Cape Road as Eagles Embroidery and the parking lot to the north of the
structure will be utilized for employees and customers to that facility, and
WHEREAS, The Eagle Embroidery building has two wall signs with one adorning the
east facade (Front) of the structure and the other adorning the north façade of the
structure and neither signs have the proper permitting and appear non-conforming, and
WHEREAS, The house and garage on the northern portion of the property will continue
to be utilized for residential purposes and this use is non-conforming but may be
continued until the use ceases for a period of 12 consecutive or 18 accumulative
months within a 3 year period, and
WHEREAS, P.J.’s Trucking LLC will operate a trucking business out of the rear of the
petitioned property that includes the services of salting, snowplowing, paving, seal
coating, and various skid steer work, and
WHERAS, P.J.’s Trucking LLC consists of a business that operates work off-site of the
property in question, and
WHERAS, The BSO shows that truck parking for P.J.’S Trucking will be housed on
asphalt parking areas behind the current Eagle commercial building, within the existing
P.J.’s Trucking garage, and behind the residential garage area, and
WHERAS, The property is within the Durham Hill Design Guide area, which offers to
promote the visual appearance of the area, and
WHEREAS, The previously approved CUG did not allow truck parking within site
distance from North Cape Road and the same should not be allowed here to keep
within the design guide, and
WHEREAS, The P.J.’s Trucking LLC BSO shows an area for the stockpile of salt and
other materials to the northwest of the property and the outdoor storage of materials
usually needs to be enclosed.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of an
amendment to a Building, Site and Operation Plan submitted by P.J.’s Trucking for the
property located on W125 S9861 North Cape Road (Tax Key No. 2257.981).
BE IT FURTHER RESOLVED, That Eagle Embroidery must apply for the appropriate
sign permits to the Planning Department showing conformity of the signs to the current
City ordinances within one week of the approval of this resolution or citations will be
issued.
BE IT FURTHER RESOLVED, That all truck parking for the P.J.’s Trucking business
should be kept out of site from North Cape Road and parked behind the Eagle
Embroidery commercial building or enclosed within the existing garages.
BE IT FURTHER RESOLVED, That all stockpiles of outdoor storage of materials must
be screened from right-of-way view and housed behind the existing commercial building
or enclosed.
BE IT FURTHER RESOLVED, That the carport may be utilized for commercial
purposes but it must be kept in good repair or further Plan Commission action may be
needed.
BE IT FURTHER RESOLVED, The carport may not be used as an appropriate
screening device for the commercial trucking vehicles or the housing of outdoor storage
of materials.
BE IT FURTHER RESOLVED, That all businesses on the property apply and receive
the appropriate Business Registration Forms from the Building and Engineering
Department and that any new businesses in the future receive the same.
BE IT FURTHER RESOLVED, That any exterior modifications to the property must
receive Building, Site, and Operation Plan approval from the City’s Plan Commission
and/or the Planning Department depending on the degree of the changes.
Page 2
Page 3
BE IT FURTHER RESOLVED, That Section 3.06(E) of the zoning ordinance states that,
“Where a permitted conditional use does not continue in conformity with the conditions
of the original approval, or where a change in the character of the surrounding area or
of the use itself causes it to be no longer compatible with surrounding areas, or for
similar cause based upon consideration for the public welfare the conditional use grant
may be terminated by action of the Common Council following referral to the Plan
Commission for recommendation, and public hearing thereon. Such use shall thereafter
be classified as legal nonconforming use, except that where the action is due to failure
to comply with the conditions of the conditional grant, the Common Council may require
complete termination of such use, ” and based on the new operations and plans
approved for the site that the Plan Commission recommends removal of the Conditional
Use Grant to the Common Council and that this BSO approval will administer the site.
BE IT FURTHER RESOLVED, That a copy of said plans will 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.
WHEREAS, The operating times of the trucking business are from 6:00 a.m. to
6:00 p.m. Monday through Saturday with emergency situations existing.
Plan Commission
City of Muskego
Adopted: June 7, 2005
Defeated:
Deferred:
Introduced: June 7, 2005
ATTEST: Sandra S. Asti, Recording Secretary