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PCR2012018RESOLUTION #PC 018-2012 APPROVAL OF A CONDITIONAL USE GRANT AND BUILDING SITE AND OPERATION PLAN FOR AUTO SALES FOR MIDWEST AUTO DOCTOR LLC LOCATED IN THE NW ¼ OF SECTION 16 (S81 W18510 GEMINI DRIVE / TAX KEY NO. 2221.016) WHEREAS, A petition was received on February 1, 2012 for a Conditional Use Grant and Building Site and Operation Plan for auto sales at an existing auto repair shop within an existing multi-tenant building located on the Richard Duranso property at S81 W18510 Gemini Drive (Tax Key No. 2221.016), and WHEREAS, The property is zoned M-2, General Industrial District, and the auto sales use requires a Conditional Use Grant (CUG) that must receive approval through the Plan Commission, and WHEREAS, A Public Hearing was held on March 6, 2012 in front of the Plan Commission for the proposed use, and WHEREAS, All auto sales also require a permit/license through the State, and WHEREAS, The property currently contains a multi-tenant building with parking in the front and fenced storage in the rear, and WHEREAS, The petitioner is proposing to offer no more than five (5) cars for sale at any one time , and WHEREAS, All sale vehicles will be stored indoors or screened from view within the rear fenced area of this property, and WHEREAS, No sale vehicle or vehicles waiting to be offered for sale can be parked/stored in front of the building or anywhere visible to the public outdoors , and WHEREAS, Customer parking is provided in front and to the side of the business in the existing parking lot. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant and Building Site and Operation Plan for auto sales on the Richard Duranso property at S81 W18510 Gemini Drive (Tax Key No. 2221.016). BE IT FURTHER RESOLVED, That all required permits/licenses through the State must be provided to the City before the Conditional Use Grant can be recorded and before the use can legally be allowed and all required permits/licenses must stay current and active. BE IT FURTHER RESOLVED, That at the discretion of the Planning Department, the operations subject to this Conditional Use Grant may be subject to further review or re -review by the Plan Commission if the property and/or the uses do not remain is accordance with the grounds of this approva l, and any future operations which are deemed to be inconsistent with this approving resolution may be subject to further conditions by the Plan Commission and possible revocation of the Conditional Use Grant. BE IT FURTHER RESOLVED, That the following items are conditions of approval: 1. No more than five (5) vehicles can be for sale on the property at any one time. 2. All sale vehicles must be stored indoors or screened from public view within the rear fenced area. 3. No junk vehicles can be parked anywhere on site at any time. BE IT FURTHER RESOLVED, That any signage, temporary or permanent, will require a separate sign permit. BE IT FURTHER RESOLVED, That no outside building or site changes are approved at this time. BE IT FURTHER RESOLVED, That additional vehicles for sale (beyond five) or any visible outdoor sales will require a Conditional Use Grant amendment through the Plan Commission. BE IT FURTHER RESOLVED, That an annual review will be required to take place in March of each year to ensure compliance. 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: March 6, 2012 Defeated: Deferred: Introduced: March 6, 2012 ATTEST: Kellie McMullen, Recording Secretary