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PCR2022039 Tail Spin BSO AmendAMENDED RESOLUTION #P.C. 039-2022 APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR TAIL SPIN BAR & GRILL LOCATED IN THE NW '/4 OF SECTION 4 (TAX KEY NO. 2174.189 / S64 W18295 MARTIN DRIVE) WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment for Tail Spin Bar & Grill located at S64 W 18295 Martin Drive / Tax Key No. 2174.189, and WHEREAS, The petitioner is proposing to continue permanent outdoor seating area at their business located at the intersection of Martin Drive and Jewel Crest Drive, and WHEREAS, In July 2020 the petitioner applied for and obtained staff approval for temporary outdoor seating (due to COVID), and WHEREAS, In May 2021 the petitioner asked for permanent outdoor seating and the Plan Commission noted that they were underwhelmed and were looking for some improvements/upgrades to the property and granted a one-year approval to measure their success, and WHEREAS, As part of the outdoor seating area all operations related to the outdoor seating were required to remain on the subject property and no additional structures were included with the permit, and WHEREAS, Staff has not received any negative feedback related to the outdoor seating area use, and WHEREAS, A fence has been installed to separate the outdoor seating area from the road, and WHEREAS, The main improvement proposed by the petitioner is adding a brick surround to the fence posts, and WHEREAS, A second improvement to the property is a blue band petitioner is seeking to be painted around the upper portion of the building that would match the color of the signage and be painted from an elevation of the bottom of the sign to the top of the wal, and WHEREAS, The outdoor seating area will include thirteen tables spread out with a movable bar adjacent to the building along with an area for a band, and WHEREAS, No new exterior changes have been proposed at this time. THEREFORE BE IT RESOLVED, The Plan Commission approves of an amended Building, Site and Operation Plan amendment for Tail Spin Bar & Grill at S64 W18295 Martin Drive / Tax Key No. 2174.189. BE IT FURTHER RESOLVED, The petitioner must come back to Plan Commission on October 4, 2022 to discuss outdoor seating area use related to the outdoor music issues. BE IT FURTHER RESOLVED, There was an awning, for another business, laying on the ground in patios area that must be removed from the site before the patio can be used. 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 permit approvals. BE IT FURTHER RESOLVED, Any of the outdoor features (fencing, seating, etc.) cannot be located within the right-of-way. 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, Tail Spin Bar & Grill 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, 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: June 7, 2022 Denied: Deferred: Introduced: June 7, 2022 ATTEST: Adam Trzebiatowski, Planning Manager