PCR2015009RESOLUTION #P.C. 009-2015
APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND SERVICE
ESTABLISHMENT FOR AUTOMOBILES FOR FREY AUTO SALES AT THE PROPERTY LOCATED
IN THE NE ¼ & SE ¼ OF SECTION 34
(TAX KEY NOS. 2296.996 & 2293.996.002 / S107 W 16311 LOOMIS ROAD)
WHEREAS, The Plan Commission approved a Conditional Use Grant amendment for sale of
automobiles at the property located at S107 W16311 Loomis Road (Tax Key Nos. 2296.996 &
2293.996.002) on November 1, 2005 by Resolution #PC 082-2005, and
WHEREAS, There was an additional BSO Amendment approved under Resolution P.C. 068-2007,
and
WHEREAS, The property is zoned B-4, Highway Business District, and said use is allowed by
Conditional Use Grant, and the Plan Commission has required an annual review as a condition of the
approval, and
WHEREAS, Approved plans permit the following:
A maximum of forty-four (44) vehicles for sale to be displayed in the specified sales
areas,
A maximum of fourteen (14) customer vehicles awaiting repairs,
A maximum of seven (7) employee vehicles parked on site,
A maximum of forty-two (42) vehicles parked within the fenced in area,
A maximum of eighteen (18) loaner vehicles parked across the street on the gravel
lot,
No vehicles can be used as signage,
The vacant lot, across Muskego Dam Drive, was allowed to be paved for the storage
of the rental vehicles only,
Signage and banners displayed on vehicles for sale is prohibited, except for a price
sign hanging from the rear view mirror and for vehicle disclosure information to be
visible as required by State Law, and
WHEREAS, A site inspection was completed on February 18, 2015 and it was discovered that an
unapproved parking lot expansion occurred to the south of the existing sales car lot that consists
of a gravel drivewa y with parking/display on the grass, and
WHEREAS, Construction on the new Frey Auto site/building across the street is nearing
completion and once temporary occupancy is granted for the use of that site, then all Frey Auto
activities and storage will be relocated to the new site.
THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Frey Auto,
subject to compliance with all Conditional Use Grant conditions of approval and those found below.
BE IT FURTHER RESOLVED, That the temporary parking lot expansion be allowed to remain until
May 1, 2015 and by that time all vehicles/storage must be removed from said temporary parking area.
BE IT FURTHER RESOLVED, That once all vehicles/storage are removed, as required above, the site
must be fully restored to its original condition (lawn), including the removal of all gravel, by May 1,
2015.
BE IT FURTHER RESOLVED, That only temporary occupancy of the new Frey Auto site (known as
Tax Key No. 2293.996.002) can be granted until all of the above noted restorations have successfully
occurred.
BE IT FURTHER RESOLVED, That the restoration of this temporary parking area will be the
responsibility of Jacob Frey (Frey Auto) and failure to meet the required deadlines will result in the
possible issuance of citations and the revocation of occupancy of the new Frey Auto site (known as
Tax Key No. 2293.996.002).
BE IT FURTHER RESOLVED, That previously approved plans are kept on file in an address file in the
Building Department and 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 Department
City of Muskego
Adopted: March 3, 2015
Defeated:
Deferred:
Introduced: March 3, 2015
ATTEST: Kellie McMullen, Recording Secretary