PCR2020053 Frey Auto Annual Review
AMENDED
RESOLUTION #P.C. 053-2020
APPROVAL OF A SIX MONTH REVIEW FOR THE CONDITIONAL USE FOR A SALES AND
SERVICE ESTABLISHMENT FOR AUTOMOBILES FOR FREY AUTO SALES FOR THE PROPERTY
LOCATED IN THE NE ¼ & SE ¼ OF SECTION 34
(TAX KEY NO. 2293.996.002 / S106 W16301 LOOMIS ROAD)
WHEREAS, The Plan Commission approved a Conditional Use Grant and Building, Site, and
Operation Plan for the sales of automobiles at the property located at S106 W16301 Loomis Road
(Tax Key No. 2293.996.002) by Resolution #PC 036-2011, #PC 036-2012, #PC 025-2014 and #P.C.
055-2014, 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, Due to repeated non-compliance with the approved site/operation plans, the Plan
Commission required a 6-month (bi-annual) review (per Resolution #PC 006-2020) to ensure the site
was remaining into compliance into the future, and
WHEREAS, Approved plans permit the following:
Seventy-eight (78) stalls for vehicles for sale,
Ten (10) stalls for sale customer vehicles,
Seven (7) stalls for employees,
Fourteen (14) stalls for customer repair vehicles,
Twelve (12) stalls for loaner cars,
Two (2) stalls for tow trucks/deliveries,
Two (2) enclosed outdoor storage areas,
No vehicles can be used as signage,
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 conducted on August 20, 2020 and there were issues/violations
found on site, and
WHEREAS, The issues/violations were as follows:
There were many cars double or triple parked and/or parallel parked in locations that they are
not allowed and in some cases were impeding access through the site, and
WHEREAS, A letter was sent to the business owner identifying the issues and a follow inspection was
conducted on August 25, 2020 where all of the same issues remained with many cars double/triple
parked and impeding access through the site, and
WHEREAS, Per Plan Commission policy from March 3, 2020, a letter was sent to Frey Auto on April
20, 2020 notifying them that failure of subsequent site inspections would result in issuance of
citations.
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 herein.
BE IT FURTHER RESOLVED, That due to the current non-compliance, citation(s) will be issued
for each day that the current violations/non-compliance continues to occur, dating back to
August 20, 2020 when the recent non-compliance was observed as part of our required site
inspections.
BE IT FURTHER RESOLVED, The Plan Commission is requiring another review of the Conditional
Use Grant conditions of approval in three (3) months to consider possible suspension/revocation of
the Conditional Use Grant, if the site cannot remain in continuous compliance, where the
applicant must provide written assurance to the Plan Commission that the conditions of approval
will be continually met moving forward.
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, the initiation of legal action, or both.
Plan Department
City of Muskego
Adopted: September 1, 2020
Defeated:
Deferred:
Introduced: September 1, 2020
ATTEST: Adam Trzebiatowski, Planning Manager