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Muskego plan commission moves to cite Fry Auto, sets September review
Summary
After repeated noncompliance with site requirements, the Muskego Plan Commission voted to issue citations to Fry Auto (backdated to the April violation) and will verify compliance before a Sept. 3 meeting; commissioners warned the business that failure to comply could lead to conditional-use revocation.
The Muskego City Plan Commission voted on Aug. 6 to issue citations to Fry Auto for ongoing site noncompliance and scheduled a verification of the business’s conditional use at its Sept. 3 meeting.
Staff reported that Fry Auto had been deferred from the April plan commission after vehicles and parts were found stored outside designated stalls. A July 31 inspection showed partial remediation — some parts removed — but multiple vehicles remained in drive aisles and blocked single-lane access, staff said. Adam, speaking for staff, said the applicant provided a lease for off-site storage outside the city limits and asked for additional time to move vehicles.
The owner, referred to in the record as Mr. Fry, told the commission staffing constraints had slowed his progress and that he anticipated the leased lot could hold “at least a hundred, probably a 150” cars. ‘‘I do $3,000,000 a year,’’ Mr. Fry said, describing the business’s workload and staffing pressures.
Commissioners pressed for enforcement. Staff explained the citation process: an initial appearance with staff and the city attorney for possible settlement followed by a court date if unresolved. Staff said fines can be backdated to the date the violation was first determined; the commission agreed to backdate citations to the April plan commission date. The commission’s motion directs staff to issue citations, verify site compliance before the Sept. 3 meeting, and place a conditional-use verification (and potential revocation discussion) on the Sept. 3 agenda. The motion passed on an affirmative voice vote.
If Fry Auto achieves compliance before the court appearance, staff indicated the city could recommend reduced fines to cover administrative costs. If noncompliance continues, commissioners said the city may pursue fines and other enforcement up to conditional-use revocation.
Next step: staff will conduct an on-site check before the Sept. 3 Plan Commission meeting and report results to the commission; the commission will then decide whether to dismiss the citations, reduce penalties, or pursue revocation of the conditional use.
