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PC 028-2021 RESOLUTION RESOLUTION #P.C. 028-2021 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR LUCKYS AT THE LODGE LOCATED IN THE NW ¼ OF SECTION 10 (TAX KEY NO. 2198.984.013 / S74 W 17096 JANESVILLE ROAD) WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment for Lucky’s at the Lodge located at S74 W17096 Janesville Road / Tax Key No. 2198.984.013, and WHEREAS, The petitioner is proposing to add a covered outdoor seating area in a tent from May 8, 2021 through October 5, 2021, and WHEREAS, This submittal is for a single 20’ x 80’ tent, which is the same dimensions approved in 2020 for the temporary outdoor seating (due to COVID), and WHEREAS, Conditions of approval for the tent with outdoor seating included all operations remaining on this property, no additional structures were approved and the tent must be contained within the existing marked parking stalls and not encroaching into the drive aisle, and WHEREAS, Staff did not receive any negative feedback related to the outdoor seating area last year, and WHEREAS, The applicant is seeking to host outdoor events such as live music, local businesses’ fundraisers, craft show-type events and to extend the outdoor dining capacity during the week, and WHEREAS, Staff will park their vehicles on Lannon Drive if needed so customers can use the parking stalls on the back side of the building if needed, and WHEREAS, No new signage or lighting has been proposed at this time. THEREFORE BE IT RESOLVED, The Plan Commission approves of an amended Building, Site and Operation Plan amendment for Luckys at the Lodge/ at S74 W17096 Janesville Road / Tax Key No. 2198.984.013. BE IT FURTHER RESOLVED, Any of the outdoor seating must not interfere with the driveways and public access along the sidewalk and cannot interfere with any ADA passageways. BE IT FURTHER RESOLVED, The tent is approved for May 8, 2021 through October 5, 2021, with subsequent years requiring separate BSO Amendment approval. BE IT FURTHER RESOLVED, If any complaints are received regarding the noise of any of the event and/or music, the petitioner must immediately rectify the noise issues via City staff and/or come back to the Plan Commission for another BSO amendment for a solution to the noise complaints. BE IT FURTHER RESOLVED, Lucky’s at the Lodge must continue working with the Clerk’s Office/Common Council to finalize specific dates of music events and they must receive all proper liquor/beer and music/dance permits. BE IT FURTHER RESOLVED, Any new/altered exterior lighting 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. BE IT FURTHER RESOLVED, Any signage (temporary or permanent) will require further review for compliance with City sign code regulations and shopping center signage master plan and permit approvals. 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: Denied: Deferred: Introduced: May 4, 2021 ATTEST: Adam Trzebiatowski, Planning Manager