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PCR2014033RESOLUTION P.C. 033-2014 APPROVAL OF AN AMENDED CONDITIONAL USE GRANT AND BUILDING, SITE, AND OPERATION PLAN FOR BADGERLAND AUTO AND REPAIR LOCATED ON THE GEORGE ALEX AND ROBERT JACOB PROPERTY LOCATED IN THE NE ¼ OF SECTION 25 (TAX KEY NO. 2257.973.001) W HEREAS, An amendment to the approved Building, Site, and Operation Plan and Conditional Use Grant for Badgerland Auto and Repair was submitted on April 11, 2014 (Tax Key No. 2257.973.001), and WHEREAS, The parcel contains a Conditional Use Grant and Building, Site and Operation plan that was adopted by the Plan Commission for a mini-storage warehouse building with office space (southern building) and for a building with mini-storage warehouses and an auto repair business (northern building) for the property located on Loomis Court and on North Cape Road (USH 45) for George Alex and Robert Jacob, most recently under Resolutions #P.C. 053a-2003, #P.C. 067-2004, #P.C. 050-2005, and #P.C. 025-2007, and WHEREAS, The site approvals to date do not allow auto repair out of the southern building and do not allow car sales on site anywhere, and WHEREAS, The petitioner, Ryan Urban of Badgerland Auto and Repair, is now requesting to be allowed auto sales on site and to be allowed auto repair to occur within the southern building, and WHEREAS, The proposed new minor auto repair is specifically related to the repair and prep of vehicles that are going to be sold, and WHEREAS, Relating to the auto sales, the parking areas on the northern portion of the site can contain no more than four (4) vehicles for sale at any one time and the location of these vehicles cannot interfere with any other businesses/parking on site, and WHEREAS, Auto sales near the southern building are limited one (1) stall next to the building with the other stall being used for customer parking, and WHEREAS, There was a dumpster, an RV, and a trailer on site which are not allowed to be stored outdoors, and WHEREAS, There were a few vehicles parked on site that were not parked in marked/approved st alls on site, including parking to the east of the northern building and to the north of the southern building, and WHEREAS, Much of the asphalt driveway/parking surfaces on the site are in rough shape and may be in need of repair/resurfacing in the near future. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant and Building, Site, and Operation Plan amendment for Ryan Urban, of Badgerland Auto and Repair, to the George Alex and Robert Jacob property subject to the contingencies listed below. BE IT FURTHER RESOLVED, That no more than five (5) vehicles for sale are allowed outdoors on this property, which is allocated to four (4) vehicles for sale in the northern parking areas of the site and one (1) vehicle for sale next to the southern building, and all sale vehicles must be in marked and approved stalls and the location of these vehicles cannot interfere with any other businesses/parking on site. BE IT FURTHER RESOLVED, That the allowance of minor auto repair within the southern building is only allowable in association with the sale of vehicles from this building and if the vehicle sales cease operations, then said repair use is no longer allowable in the southern building. BE IT FURTHER RESOLVED, Non-existent or warn-out pavement markings are present for the parking stalls throughout the entire site and as such the parking stalls throughout this entire property must be newly marked within one month of this resolution, according to the most recently approved plan. BE IT FURTHER RESOLVED, That the previously marked stall parallel to the southern mini-storage unit building can no longer be used for parking as this was previously for U-Haul parking. BE IT FURTHER RESOLVED, That the dumpster, RV, and trailer on site must be removed from the site, stored within the screened storage area down the street, or located within one of the buildings. BE IT FURTHER RESOLVED, That all vehicles parked/stored on site must be within marked and approved stalls. BE IT FURTHER RESOLVED, Due to the rough condition of much of the asphalt on site, during the next annual review it may be required that the site be repaved/resurfaced. BE IT FURTHER RESOLVED, No outside storage/display of any parts, materials, junked/wrecked vehicles, trailers, etc. is allowed on site at any time. BE IT FURTHER RESOLVED, That any signage (temporary or permanent) must first receive City approvals/permits. BE IT FURTHER RESOLVED, Signage and banners displayed on vehicles for sale is prohibited, except for a price sign hanging from the rear view mirror and for vehic le disclosure information to be visible as required by State Law. BE IT FURTHER RESOLVED, That any issues/violations noted above must be addressed before occupancy can be granted for the use of the new building. BE IT FURTHER RESOLVED, That the previous annual review for this site still remains in effect. BE IT FURTHER RESOLVED, All aspects of previous regulations and conditions of approval for this site are all still in effect. Plan Commission City of Muskego Adopted: May 6, 2014 Defeated: Deferred: Introduced: May 6, 2014 ATTEST: Kellie McMullen, Recording Secretary