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Resolution relative to determination of Special Use Application submitted by Jordan Evangelical Lutheran Church to construct an elevator addition on the east face of the church building located at 7608 W. National Ave., 1642 S. 77 St., and 16** S. 77 St.
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WHEREAS, Jordan Evangelical Lutheran Church, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16 and Sec. 12.41(2) of the Revised Municipal Code of the City of West Allis, for an elevator addition to be constructed on the east side of the existing church; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on June 1, 2004, at 7:00 p.m., and in the Common Council Chamber to consider the application; and,
WHEREAS, the Common Council, having carefully considered the evidence presented at the public hearing and the following pertinent facts noted:
1. The applicant, Jordan Evangelical Lutheran Church, has offices on site at 1642 South 77 Street, West Allis, WI 53214.
2. The applicant owns the property located at 7608 W. National Ave., 1642 S. 77 St., and 16** S. 77 St., West Allis, Milwaukee County, Wisconsin. The property is more particularly described as follows:
All that land of the owner being located in the Northeast ¼ of Section 4, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin describes as follows:
Lots 11, 12, 13, 14, 15, 16, 17 and south 23.00 feet of Lot 18 in Block 5 of the Greenfield Heights Subdivision, including vacated alley, except triangular tract of land along north right-of-way line of West National Avenue more particularly described as follows:
Beginning at the southwest corner of lot 17; thence North 73°59'06" East, 232.44 feet to the east line of Lot 11; thence South 00°27'36", 3.00 feet along said east line of Lot 11; thence South 74°42'00" West, 231.77 feet to the Point of Beginning.
(Tax Key Number 452-0118-001)
Said land being located at 1642 South 77 Street and 7608 West National Avenue
All that land of the owner being located in the Northeast ¼ of Section 4, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin describes as follows:
Lot 11 and south 15.00 feet of Lot 10 in Block 6 of the Greenfield Heights Subdivision.
(Tax Key Number 452-0134-000)
Said land being located at 16** S. 77 St.
3. The applicant is proposing to construct a 2-stop, 1-story elevator addition attached to the east face of the church building.
4. The aforesaid premises is zoned C-2 Neighborhood Commercial District under the Zoning Ordinance of the City of West Allis, which permits modification/expansion to existing churches, chapels, temples of worship and synagogues as a special use, pursuant to Sec. 12.16 and Sec. 12.41(2) of the Revised Municipal Code.
5. The subject property is part of an area on the north side of W. National Ave. between S. 76 St. and S. 77 St. which is zoned for neighborhood commercial purposes along W. National Ave. Properties to the north are developed for single family residential. Properties to the west and south are developed as commercial. Properties to the east are developed as multi-family residential.
6. The proposed development should not contribute to traffic volume or traffic flow in the area as the site will not generate significant traffic flow.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Jordan Evangelical Lutheran Church, be and is hereby granted on the following grounds:
That the establishment, maintenance and operation of the proposed use, with the imposition of certain conditions hereinafter set forth, reasonably satisfies the standards set forth in Sec. 12.16 of the Revised Municipal Code, so as to permit the issuance of a Special Use Permit as therein provided.
BE IT FURTHER RESOLVED that said Special Use Permit is granted subject to the following conditions:
1. Building Plans. The grant of this special use is subject to building plans being submitted to and approved by the Department of Building Inspections. All building and fire codes to be complied with.
2. Off-Street Parking. The church is proposing no additional parking spaces on site. The elevator addition does not require additional parking spaces. Off-street parking spaces for at least 53 vehicles are provided and maintained on site, including 2 ADA spaces. In accordance with Sec. 12.19 of the Revised Municipal Code, off-street parking spaces for at least 94 vehicles, including 4 ADA spaces, are required.
3. Site and Screening Plan and Architectural Elevations. The grant of this Special Use Permit is subject to and conditioned upon the site and screening plan and architectural elevations approved by the West Allis Plan Commission on May 26, 2004. No alterations or modification to the approved plan shall be permitted without approval by the West Allis Plan Commission.
Applicant is advised that the foregoing conditions are reasonably necessary to protect the public interest and to secure compliance with the standards and requirements specified in Sec. 12.16 of the Revised Municipal Code; that the issuance of the special use is expressly subject to compliance with said conditions.
The grant of this special use shall become null and void within one (1) year of the date thereof, unless construction is under way, or the current owner possesses a valid building permit under which construction is commenced, within sixty (60) days of the date thereof and which shall not be renewed unless construction has commenced and is being diligently pursued. No extension of these time limitations will be permitted under any circumstances, including the applicant's failure to obtain other necessary building and zoning approvals.
The special use, as granted herein, is subject to applicant's compliance with all other state and local laws and regulations which may be applicable to the proposed use of the real estate in question.
The special use, as granted herein, shall run with the land and benefit and restrict all future owners and occupants of the property, unless the use shall lapse or be terminated and the use will not be altered or extended (including structural alterations and/or additions) without approval of the Common Council, following public hearing, all as provided in Sec. 12.16 of the Revised Municipal Code.
Mailed to applicant on the
_______day of ___________________, 2004
____________________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning & Zoning
ZON-R-435-6-1-04\jmg