PC 056-2021 RESOLUTIONRESOLUTION #P.C. 056-2021
APPROVAL OF AN ANNUAL 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, 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, Beginning at the 2019 annual review Frey Auto has not been in compliance with the
approved Conditional Use Grant, and
WHEREAS, Due to repeated failed site inspections, more frequent inspections and reviews were
requested by the Plan Commission, and
WHEREAS, At the March 2, 2021 Plan Commission meeting, a required was added to Resolution PC
009-2021 requiring monthly site inspection, for 6 months, and
WHEREAS, Site inspections were conducted March 22, 2021, April 22, 2021, May 17, 2021, June
23, 2021, July 27, 2021 and August 18, 2021 where noncompliance was found at all inspections
and violation letters were sent each time to the business owner, and
WHEREAS, Noncompliance violations/issues include vehicles parked in areas that are either not
marked stalls or double and triple parked, vehicles parked in approved drive aisles that are meant
for traffic and emergency access, vehicles parked on the grassy area, junked vehicles on-site and
vehicle parts stored outdoors, and many vehicles believed to be owned by Frey Auto parked in
the site previously used by the petitioner.
THEREFORE BE IT RESOLVED, The Plan Commission denies the annual review for Frey Auto due to
continued noncompliance of the original Conditional Use Grant conditions of approval.
BE IT FURTHER RESOLVED, The City will issue citations with fines dating back to March 22, 2021 for
failure to follow the approved BSO and/or CUG for the property and for unsightly outdoor storage.
BE IT FURTHER RESOLVED, The Plan Commission recommends the Common Council begin the
process of terminating the Conditional Use Grant for Frey Auto pursuant to Section 400 -162 of the
Municipal Code.
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:
Defeated:
Deferred:
Introduced: September 7, 2021
ATTEST: Adam Trzebiatowski AICP, Planning Manager