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PCR2013048RESOLUTION #P.C. 048-2013 APPROVAL OF AN AMENDED BUILDING SITE AND OPERATION PLAN FOR THE MIKE FITZGERALD PROPERTY LOCATED IN THE NW ¼ OF SECTION 10 (TAX KEY NO. 2198.981.001 / S74 W16834 JANESVILLE ROAD) WHEREAS, In September 2013 plans were submitted by Mike Fitzgerald for an amendment to a Building, Site and Operation Plan for his retail center property located in the NW ¼ of Section 10 (Tax Key No. 2198.981.001 / S74 W16834 Janesville Road), and WHEREAS, The petitioner has recently been affected by the Janesville Road reconstruction and now has limited space in front of their tenant structure along Janesville Road on the NE corner of Janesville Road and Parkland Drive, and WHEREAS, There formally was a parking lot out in front of the structure along the Janesville Road frontage and now limited area is leftover, and WHEREAS, Recent tenants have proposed to utilize the limited area for an outdoor seating area along with displaying seasonal decorations, and WHERAS, The outdoor area is to be contained from vehicular traffic via decorative stone planters and benches, and WHEREAS, Room for two “tenant only” parking spaces can be found along the east half of the building and these parking spaces have always existed prior to the reconstruction. THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building, Site and Operation Plan for the Mike Fitzgerald retail center property located in the NW ¼ of Section 10 (Tax Key No. 2198.981.001 / S74 W16834 Janesville Road). BE IT FURTHER RESOLVED, That if at any time the outdoor equipment and decorations are not kept in a quality condition, the Community Development Director may bring back the item to Planning Commission for removal of use. BE IT FURTHER RESOLVED, That if this area was always setup for two parking stalls previously after the completion of the Janesville Road construction project and it can be reverted back to such following approval of a newly submitted site plan showing this. BE IT FURTHER RESOLVED, That a copy of said plans b e 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: November 5, 2013 Defeated: Deferred: Introduced: November 5, 2013 ATTEST: Kellie McMullen, Recording Secretary