PCR2020072 Milk Can BSO Amend
RESOLUTION #P.C. 072-2020
APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR
MILK CAN HAMBURGERS & CUSTARD LOCATED IN THE NW ¼ OF SECTION 10
(S73 W16770 JANESVILLE ROAD / TAX KEY NO. 2198.984.006)
WHEREAS, A submittal was received from Jared Eggener of MOO Inc 2 dba Milk Can Hamburgers & Custard for
a Building, Site and Operation Plan Amendment (BSO) located at S73 W16770 Janesville Road / Tax Key No.
2198.984.006, and
WHEREAS, The petitioner is proposing to convert the former Arby’s restaurant building into Milk Can Hamburgers
& Custard, and
WHEREAS, The existing building and drive thru will be remain, however the BSO Amendment is needed for the
façade and site changes that are proposed, and
WHEREAS, the applicant also discussed parking their Milk Can Scoop Shop Custard Trailer on the last stall
adjacent to the building to allow for additional sales during the summer months, and
WHEREAS, The proposed hours of the business are 10:00 AM to 11:00 PM to start with the possibility of adding
a breakfast option and opening the store at 7:00 AM, and
WHEREAS, The business is anticipating daily traffic counts for 20 employees and 270 guests, and
WHEREAS, This property is governed by the General Design Guide and the Downtown Design Guide, and
WHEREAS, All four sides of the building are being painted a mixture of gray, red and bronze at their own risk
pending approval from the Plan Commission, and
WHEREAS, The second phase of exterior building changes is to include covering the masonry in front with a
distressed wood wrap and galvanized canopies as a rustic tribute to classic Wisconsin hamburger stands, and
WHEREAS, The masonry percentage on the front of the building will drop from nearly 100% to zero, less than the
50% masonry desired by the City’s design guides, and
WHEREAS, The drive thru window section will also be clad with distressed wood on the columns at the corners of
the building, and
WHEREAS, A new outdoor patio outside the front of the building will fit 22 seats with tables for outdoor dining
separated from traffic with a fence of masonry posts that will be painted to match the building and horizontal
distressed wood planks, and
WHEREAS, The pavement in the drive thru lane is proposed to be expanded towards Janesville Road, and
WHEREAS, New landscaping beds are proposed by the outdoor patio area along with repairing the existing
planters near the building, and
WHEREAS, Some signage details have been provided and formal signage review will occur via separate sign
permits, and
WHEREAS, The plans indicate that the lighting will all be building and column mounted around the patio, and
WHEREAS, Many of the exterior wall light fixtures are proposed to be covered with a galvanized shroud providing
an aesthetic feature, and
WHEREAS, All lighting must be zero-degree tilt and full cut-off, but the Plan Commission has allowed lighting
where the light source is concealed with etched or tinted glass, and
THEREFORE BE IT RESOLVED, The Plan Commission approves of a Building, Site and Operation Plan
amendment for Milk Can Hamburgers & Custard located at S73 W16770 Janesville Road / Tax Key No.
2198.984.006.
BE IT FURTHER RESOLVED, Exterior renovations will require staff review and permits prior to work
commencing.
BE IT FURTHER RESOLVED, All paving will require further review and formal approvals at the staff level.
BE IT FURTHER RESOLVED, The drive aisle must remain at least 12 feet wide for one-way traffic and must also
remain at least three feet from the property line and a survey, with said proposed changes, needs to be submitted
to verify these requirements are met before any building permits can be issued.
BE IT FURTHER RESOLVED, If the painting of the building leaves the dumpster enclosure a different color than
the building, the enclosure will need to be painted to match the building color(s).
BE IT FURTHER RESOLVED, Any signage (temporary or permanent) will require further review and formal
approvals.
BE IT FURTHER RESOLVED, Any new/altered exterior lighting (wall mounted and/or pole mounted) will need
approvals from the Planning Division before any lighting changes can be made and all City required lighting specs
must be met, include all fixtures being full cut-off with zero-degree tilt, with the possible option of frosting/etching.
BE IT FURTHER RESOLVED, Revised light fixtures must be submitted for staff approval.
BE IT FURTHER RESOLVED, That any bollards, railings, ladders, etc. must be painted to match the colors of the
principal structure.
BE IT FURTHER RESOLVED, That any new handicap signs be permanently mounted in the ground or mounted
to the building so they are not moveable.
BE IT FURTHER RESOLVED, That all new and replaced roof top and ground mechanicals (including HVAC
devices, electrical transformers, etc.) must be screened from view and/or incorporated into the design of the
site/structure (screening, etc.) and should be approved by the Planning Division before the issuance of building
permits.
BE IT FURTHER RESOLVED, No overnight storage of materials and commercial vehicles is allowed on the
premises, including food trucks and food trailers.
BE IT FURTHER RESOLVED, The street trees must be located in the front of the property along Janesville Road
to replace what was removed and a revised landscape plan must be resubmitted addressing the missing street
trees and approved by City staff.
BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be
maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, 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 9, 2020
Denied:
Deferred:
Introduced: November 9, 2020
ATTEST: Adam Trzebiatowski, Planning Manager