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PCR2005127RESOLUTION #P.C.127-2005 APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR BIERER’S OFF THE ROAD GIFTS LOCATED IN THE NW ¼ OF SECTION 1 (S64 W13596 JANESVILLE ROAD / TAX KEY NO. 2162.994) WHEREAS, On October 6, 2005 plans were submitted by Bierer’s Off the Road Gift Shop for a Building, Site and Operation Plan located in the NW ¼ of Section 1 (Tax Key No. 2162.994 / S64 W13596 Janesville Road), and WHEREAS, The petitioner is seeking a formal BSO plan approval for the display and sales of yard decorations and gifts, and WHEREAS, The business on this site has been operating for some time, and WHEREAS, This business has not had formal approvals up to this point, and WHEREAS, There also is a residence on this property, and WHEREAS, Two of the buildings on this property are associated with the residential use and two of the buildings are associated with the commercial use. WHEREAS, Said property is zoned B-2 Local Service Center District, and the sales use is a permitted use by right subject to Building Site and Operation Plan approvals and the residential use is a grandfathered use, and WHEREAS, The decorations/ornaments are going to be sold/displayed on the asphalt area along the western edge of the existing driveway, and WHEREAS, This display area will measure 62 feet long and 12 feet wide, and WHEREAS, There is a gazebo located on the eastern side of the driveway that is used as a display for gazebo orders, and WHEREAS, There also is a sales/display area to the east of the parking stalls for decorative lawn wells, and WHEREAS, There are numerous statues on this site that are used by the residential portion of the site and are not regulated as part of this BSO approval, and WHEREAS, There is an existing sign on site that received Plan Commission approvals under P.C. 62-94, and WHEREAS, There are five (5) existing marked parking stalls that meet the current needs for the business, and WHEREAS, The site currently has substantial landscaping, and WHEREAS, Stormwater management is not needed since this is an existing business. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Building, Site and Operation Plan for Bierer’s Off the Road Gift Shop for a Building, Site and Operation Plan located in the NW ¼ of Section 1 (Tax Key No. 2162.994 / S64 W13596 Janesville Road). BE IT FURTHER RESOLVED, That outdoor sales/display should only be in the approved areas. BE IT FURTHER RESOLVED, That if any additional outdoor storage areas are needed, Plan Commission approvals must be received first. 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. Plan Commission City of Muskego Adopted: October 18, 2005 Defeated: Deferred: Introduced: October 18, 2005 ATTEST: Sandi Asti, Recording Secretary