Plan Commission approves conditional use permit for ‘You Drive It Now’ at 1531 E. Moreland with parking and enforcement conditions

The Waukesha City Plan Commission on Feb. 26 approved a conditional use permit allowing Boucher’s You Drive It Now online retail operation to occupy an office at 1531 East Moreland Boulevard, subject to conditions restricting where vehicles may be stored and authorizing staff enforcement and follow-up checks.

Staff said the business will occupy a small office within a larger former grocery‑and‑body‑shop building and that the approved site plan shows 11 customer parking spaces plus additional employee spaces. Charlie, Community Development staff, told commissioners the applicant had already received a temporary occupancy permit after passing building inspections but that city inspectors found vehicles parked in drive aisles, in customer parking (including a handicap stall) and on a pedestrian walkway. He said staff recommended conditions to prevent inventory or service storage in customer or employee spaces, keep drive aisles clear, prohibit parking on pedestrian walkways and landscape areas, and require signs and permits for all permanent and temporary signage.

Dan Nienhuis, general counsel for Boucher, said the company uses overnight vehicle placement in front of doors and windows as a security measure to deter thefts in which thieves drive vehicles out through overhead doors. “Every night, we have procedures that our staff follows on a nightly basis to make sure that the buildings are secure to prevent thefts,” Nienhuis said. He asked the commission to allow limited overnight parking in front of garage doors as part of the permit conditions.

Commissioners pressed the applicant on alternatives such as bollards, planters or lockbox security for keys. Commissioners and staff said the city adopted conditional use requirements for dealerships in 2023 after repeated violations by multiple dealers, including parking on landscape areas, use of beeping key‑finder alarms, and parking in unauthorized locations. Charlie noted the Community Development director directed staff not to provide additional advance warnings to Boucher because the company has been a repeat violator.

The commission voted to approve the conditional use permit with the staff conditions and a specific clarification allowing vehicles to be parked overnight directly in front of garage doors to address the applicants’ security concern; staff was directed to conduct periodic spot checks and report back at the commission’s February meeting next year. The motion was made by the Mayor (chair, unnamed in the transcript) and seconded by Commissioner Molson. Commissioners Schmidt, Riley, Keller, Frank Coeur and Molson voted yes; Alderman Rick Lemke had commented during later items but was not recorded on this motion; Commissioner Wells voted no. The permit includes deadlines tied to the temporary occupancy: staff noted a temporary occupancy had been issued pending issuance of the conditional use permit and that permanent occupancy would need to be secured by the dates stated in the permit paperwork (temporary occupancy expiration and permanent occupancy deadlines were discussed by staff as March 25 and March 30, 2025, in the meeting record). The commission warned that repeated violations could trigger immediate citations and a revocation process that would return to the commission for a public hearing.

The approval requires the applicant to: - Keep customer and employee parking signed and used as indicated on the approved site plan; these spaces may not be used for inventory or service storage. - Keep drive lanes free of parked vehicles and vehicles off pedestrian walkways and landscape areas. - Limit use of vehicle panic buttons/emergency alarms to actual emergencies; alarms may not be used to find vehicles in the parking area. - Ensure all permanent and temporary signs comply with the city sign code and obtain required permits. - Accept staff spot checks; repeat violations may lead to citations or initiation of a revocation hearing before the Plan Commission.

Ending: The commission’s approval formalizes the dealership‑area rules the city adopted after repeated complaints about vehicle storage and nuisance activity; staff will monitor compliance and may initiate revocation procedures if conditions are not met.