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PCR2020075 Frey Auto Annual Review RESOLUTION #P.C. 075-2020 APPROVAL OF A THREE 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, Resolution #PC 053-2020 required a three-month review to consider possible suspension/revocation of the Conditional Use Grant after a failed site inspection occurred prior to the September Plan Commission meeting, 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 November 20, 2020 and there were issues/violations found on site, and WHEREAS, The issues/violations were as follows: • There was unsightly outdoor storage that included junked/wrecked vehicles parked installs and miscellaneous auto parts set outside. • A flatbed truck was double parked within a drive aisle, and 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, The Plan Commission is requiring another review of the Conditional Use Grant conditions of approval in three (3) months at the regularly scheduled annual review 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: December 1, 2020 Defeated: Deferred: Introduced: December 1, 2020 ATTEST: Adam Trzebiatowski, Planning Manager