PCR2012042RESOLUTION #P.C. 042-2012
APPROVAL OF AN AMENDED BUILDING SITE AND OPERATION PLAN
FOR JUICE GARDEN CAFE LOCATED IN THE SE ¼ OF SECTION 8
(TAX KEY NO. 2192.971 / W189 S7839 RACINE AVENUE)
WHEREAS, On June 25, 2012 plans were submitted by Amy Hoeppner for an amendment to a
Building, Site and Operation Plan for a new business located in the Muskego Centre development
in the SE ¼ of Section 8 (Tax Key No. 2192.971 Racine Avenue), and
WHEREAS, The petitioner is proposing to add outdoor dining to a new restaurant named Juice
Garden Cafe located on the south end of the Muskego Centre in the tenant space adjoining Piggly
Wiggly, and
WHEREAS, The outdoor dining would consist of outdoor seating that is to only be out during open
hours for the café, and
WHEREAS, The outdoor seating would be kept inside during closed hours and there is no outdoor
seating intended during the winter season, and
WHEREAS, No fencing is requested to be around the outdoor seating area, and
WHEREAS, Ample room for pedestrian use is found between the pillars of the overhang and the
curb.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building,
Site and Operation Plan for the Muskego Centre to allow the seasonal outdoor seating at the
tenant located in the SE ¼ of Section 8 (Tax Key No. 2192.970 / W189 S7761 Racine Avenue).
BE IT FURTHER RESOLVED, That the petitioners consult the Finance Committee about the
establishment’s alcohol serving license if alcohol is intended to be served in the outdoor dining
area. Any alcohol license issues must be resolved before any outdoor dining setup takes place.
BE IT FURTHER RESOLVED, That a minimum of three (3) feet of clearance must be left at the
narrowest point on the walkway in front of the restaurant (as measured from the curb edge to the
closest part of any seating) as per ADA standards. Currently the site plan shows ample clearance
to meet this requirement.
BE IT FURTHER RESOLVED, That all equipment must be removed during the seasons that the
outdoor dining is not in use and no other outdoor storage is allowed to occur on the property.
BE IT FURTHER RESOLVED, That if at anytime the outdoor dining equipment is not kept in a
quality condition, the Plan Director may bring back the item to Planning Commission for removal
of use.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
Department and that all aspects 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: July 9, 2012
Defeated:
Deferred:
Introduced: July 9, 2012
ATTEST: Kellie McMullen, Recording Secretary