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PCR2005117RESOLUTION #P.C.117-2005 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR THE SHELL GAS STATION IN THE SE ¼ OF SECTION 9 (TAX KEY NO. 2193.070 / JANESVILLE ROAD) WHEREAS, On September 6, 2005 plans were submitted by Shell Gas Station for an amendment to a Building, Site and Operation Plan for the property located in the SE ¼ of Section 9 (Tax Key No. 2193.070 / Janesville Road), and WHEREAS, Said property is zoned B-4/OED Highway Business with an Existing Development Overlay District, and use as a service station is a permitted use by conditional use grant and a conditional use grant does exist for the property, and WHEREAS, The site currently consists of one principal structure and an overhang with three pumps beneath it, and WHEREAS, The site received Plan Commission approval as per Resolution #P.C. 058a- 2005 for extensive updates to the structures and site, and WHEREAS, The Petitioner proposes to alter the current approved BSO to allow certain outdoor sales and storage, and WHEREAS, The petitioner proposes to have LP gas storage in a locked cabinet along the eastern façade of the building, and WHEREAS, The petitioner proposes to have outdoor soda sales and ice sales on the southeast front corner of the building, and WHEREAS, The petitioner proposes to have seasonal outdoor salt sales and windshield wash sales between the three pumps, and WHEREAS, The petitioner proposes to have a air and vacuum unit on the southeast portion of the structure, and WHEREAS, The previous resolution required that outdoor sales shall be expressly prohibited on the property; including, but not limited to, vending machines, LP, and palettes of various products (Water softener salt, soda, etc.), and WHEREAS, The property is within Redevelopment District #2 and the Community Development Authority concurred with the Planning Commission recommendation to restrict outdoor sales. THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building, Site and Operation Plan for the Shell Gas Station located in the SE ¼ of Section 9 (Tax Key No. 2193.070 / Janesville Road). BE IT FURTHER RESOLVED, That the Plan Commission approves of the air/vacuum unit along the southeast corner of the principal structure. BE IT FURTHER RESOLVED, That the Plan Commission denies the allowance of any other outdoor storage petitioned for seeing that the outdoor storage can become unsightly and can give the approved building and site an uncohesive look. BE IT FURTHER RESOLVED, That the Planning Commission directs Plan Department staff to follow-up on all other service stations in the City for compliance to their approved BSOs in relation to outdoor storage. 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 as they relate to drainage 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. Plan Commission City of Muskego Adopted: September 20, 2005 Defeated: Deferred: Introduced: September 20, 2005 ATTEST: Sandi Asti, Recording Secretary