Plan Commission approves conditional use permit for Bouchers U Drive It Now at 1531 E. Moreland Blvd.; one member opposes

The Waukesha City Plan Commission on Feb. 26 approved a conditional use permit allowing Bouchers U Drive It Now to operate an auto-sales office at 1531 East Moreland Boulevard, subject to staff-recommended conditions and a commission amendment allowing dealership staff to park vehicles overnight directly in front of overhead garage doors.

The commission's decision follows a staff presentation noting the sites prior uses (Pick nd Save grocery, later a body shop), a temporary occupancy permit granted after inspections, and observed violations during an inspection that found inventory vehicles parked in customer spaces and on a pedestrian walkway. "They have removed the inventory vehicles from the customer parking spaces," said Charlie, community development staff, summarizing inspections and recommended conditions. Staff recommended approval with conditions including that customer and employee spaces be signed and used as shown on the approved site plan, drive lanes remain clear of parked vehicles, vehicles not be parked on pedestrian walkways or landscape areas, and permanent signs comply with the city sign code.

Why it matters: Commissioners said the conditional-use review was needed because dealerships in the B5 Community Business District were changed from permitted to conditional use after repeated violations citywide. The permit creates enforceable conditions and gives the city a formal path to revoke approval if violations continue.

Boucher representatives argued some of their evening parking practices are a security response to thefts. Dan Nienhuis, general counsel for Boucher, said the nightly placement of vehicles near doors was a safety measure used across the group's dealerships to prevent break-ins: "Every night, we have procedures that our staff follows on a nightly basis to make sure that the buildings are secure to prevent thefts." He and other dealership representatives said the practice had been used after several high-profile thefts elsewhere and requested flexibility for after-hours parking.

Commission discussion centered on distinguishing acceptable overnight security parking from storing inventory in customer spaces or on walkways during business hours. Commissioners and staff discussed alternatives such as bollards or large planters at risk points, secure key-storage procedures, and the practical limits of enforcement. Commissioner Keller asked about industry practices; Boucher representatives described lock boxes and blocking overhead doors at night as common measures.

The commission adopted an amendment to staffs recommended conditions to explicitly permit dealers to park vehicles overnight in front of overhead doors to prevent theft, provided the vehicles are not parked in pedestrian walkways, landscape areas or customer parking during business hours. Commissioners also directed staff to perform periodic spot checks on the property and to report back to the commission if violations occur; the commission said it would consider revocation proceedings if conditions are repeatedly violated.

Action and vote: The commission approved the permit, with a motion that incorporated staff conditions and the agreed change allowing overnight parking in front of garage doors and directing staff spot checks. Commissioner Molson seconded. The motion passed; commissioners voted in favor with one opposition. Alderman Wells registered the only recorded no vote.

Key details and stipulations: The site plan submitted with the application shows 11 customer parking spaces and additional employee parking; staff said the applicant indicated the online-marketing business historically draws few in-person customers. Staff noted temporary occupancy had been allowed while the conditional use permit application proceeded; the chief building inspector approved temporary occupancy following inspections. Staff warned that future violations of the permit or zoning code could lead to immediate citations and, if repeated, a public hearing to revoke the conditional use permit.

Whats next: The conditional use permit is permanent unless the plan commission later initiates revocation processes following repeated violations or if staff reports noncompliance.

Ending: The commission closed the public hearing before the vote. Commissioners said they expected staff to monitor compliance and return the item to the commission if violations arose.