PCR2012026AMENDED
RESOLUTION #P.C. 026-2012
APPROVAL FOR A BSO AMENDMENT TO THE ELLIOT’S ACE HARDWARE PROPERTY LOCATED
IN THE NE ¼ OF SECTION 3
(S64 W15732 COMMERCE CENTER DRIVE / TAX KEY NO. 2169.999.007)
WHEREAS, A BSO amendment request has been submitted by Elliot’s ACE Hardware for their property
located at S64 W15732 Commerce Center Drive, and
WHEREAS, The request is for Elliot’s to replace the originally approved outdoor plant stands with pallets
of merchandise along the sidewalks in front of the entrances to the outdoor garden center and front
entrances, and
WHEREAS, Elliot’s originally submitted to have planters and plant stands located in front of their
entrances to the outdoor garden center and front entrances to the main building and these plant stands
would hold various plant merchandise in a pleasing way and these plant stands were the only form of
outdoor storage and outdoor sales materials that was allowed by Planning Commission at the time (per
Resolution #050-2010 on June 1, 2010), and
WHEREAS, The submitted map shows that ACE would have up 3-4 pallets west of the garden center
entrance, 10-12 pallets between the garden center entrance and main entrance, and 4-6 pallets east of
the main entrance, and
WHEREAS, The narrative states that they would like to have merchandise in these locations from March
1-September 1 for summer products and from September 1 - November 15th for fall products, and
WHEREAS, Signage on the products would consist of 20”x24” signs on each pallet area, and
WHEREAS, Per the petitioner’s narrative they understand why the Planning Commission has regulated
such types of outdoor sales and storage in the past and Elliot’s has specific regulations they intend to
keep control of consisting of the following:
Pallets would be kept at one pallet high and only one pallet deep
Pallets would constantly be kept free of all shrink wrap and kept neatly stacked
Broken bags would be removed and repaired immediately/cleaned up daily
Pallets would not exceed seven five feet in height.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the BSO amendment for the
outdoor sales subject to the following conditions:
1. The approval is only for the year 2012 per the dates outlined above and the petitioner must
come back for any successive year approvals.
2. The specific regulations listed above must be followed at all times.
3. That the number of pallets is limited to the following:
3-4 pallets west of the garden center entrance, 10-12 pallets between the garden
center entrance and main entrance, and 4-6 pallets east of the main entrance.
4. That any ongoing issues would bring this back to Planning Commission for possible
revocation.
Plan Commission
City of Muskego
Adopted: April 3, 2012
Defeated:
Deferred:
Introduced: April 3, 2012
ATTEST: Kellie McMullen, Recording Secretary