Title
Resolution relative to determination of Special Use Application for proposed Extreme Muffler and Brake vehicle repair shop, to be located at 5923 W. Lincoln Ave. (Tax Key No. 491-0148-000).
Body
WHEREAS, Satwant Singh Kaleka, property owner, on behalf of the tenant of the proposed vehicle repair shop, Extreme Muffler and Brake, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.41(2) and Sec. 12.16 of the Revised Municipal Code, to establish an auto repair facility within the existing building located at 5923 W. Lincoln Ave.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on November 15, 2005, at 5:00 p.m., 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, Satwant Singh Kaleka, property owner, resides at 4949 S. Bartel Drive, Greenfield, WI 53220-4828.
2. The applicant owns, and will lease a portion to the proposed tenant, the property at 5923 W. Lincoln Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All that land of the owner being located in the Northwest ¼ of Section 11, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin describes as follows:
Lots 4 and 5 of the Mitchell Manor Subdivision.
Tax Key No. 491-0148-000
Said land being located at 5923 W. Lincoln Ave.
3. The tenant is proposing to establish an auto repair business within a 2,450 square foot existing building (formerly Lincoln Car Center) on the southeast corner of S. 60 St. and W. Lincoln Ave. Business services to be provided will include brake repair, mufflers, exhaust suspension work, tune ups, tires and light/small automotive repair.
4. The aforesaid premises is zoned C-2 Neighborhood Commercial District under the Zoning Ordinance of the City of West Allis, which permits auto repair businesses as a special use, pursuant to Sec. 12.41(2) and Sec. 12.16 of the Revised Municipal Code.
5. The subject property is located on the south side of W. Lincoln Ave. between S. 59 St. and S. 60 St. Properties to the north and east are developed as commercial. The property to the west is St. Rita's Church and School. Properties to the south are developed as single-family residential uses.
6. The use, value and enjoyment of other property in the surrounding area for permitted uses will not be substantially impaired or diminished by the establishment, maintenance or operation of the special use. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area as it was previously used as a vehicle repair facility. All vehicles will be stored within the building and the parking lot will be used for employee and customer parking (not repair vehicle storage). No vehicles will be parked within the City right of way.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Satwant Singh Kaleka, property owner, on behalf of the tenant, Extreme Muffler and Brake, to establish an auto repair business, 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. 12.41(2) and 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. Site, Landscaping, Screening and Architectural Plans. The grant of this special use permit is subject to and conditioned upon the site, landscape, screening and architectural plans approved by the City of West Allis Plan Commission on October 26, 2005, as provided in Sec. 12.13 of the Revised Municipal Code of the City of West Allis. No alteration or modification of the approved plan shall be permitted without approval by the Plan Commission.
2. Building Plans and Fire Codes. The grant of this special use is subject to building plans being submitted to and approved by the Department of Building Inspections and Zoning and by the Fire Department.
3. Paving and Drainage. The grant of this special use is subject to a paving and drainage plan being submitted to and approved by the Department of Building Inspections and Zoning.
4. Hours of Operation. The auto repair shop will be open Monday through Friday from 8:00 a.m. to 6:00 p.m., Saturday from 8:00 a.m. to 5:00 p.m. and closed on Sunday.
5. Off-Street Parking. Off-street parking spaces to be provided in accordance with Sec. 12.19 of the Revised Municipal Code. A total of 15 parking spaces are required by zoning and 18 parking spaces will be provided, including one ADA stall. Employee and customer vehicles shall not be parked in the public right of way (including vehicles being repaired or stored on site). Vehicles remaining on site overnight will be parked inside the building.
6. Signage and Lighting Plans. The grant of this special use is subject to the removal of all existing signage on site and signage and lighting plans being submitted to the Plan Commission for approval within one year. All outdoor lighting fixtures shall be shielded in such a manner that no light splays from the property boundaries.
7. Marketing Displays. The use of pennants, special lighting, flags, streamers or other signage typically temporary in nature, hanging, floating or attached to a structure or vehicle shall not be permitted.
8. Outdoor Paging Speakers. Outdoor pagers or speakers shall not be permitted on site.
9. Window Signage. Any building window signage shall not exceed twenty (20) percent of each window's area.
10. Expiration of Special Use Permit. Any special use approved by the Common Council shall lapse and become null and void one (1) year from and after that approval if the use has not commenced, construction is not underway, or the owner has not obtained a valid building permit. An extension of these time limitations may be granted without a public hearing by the Common Council by resolution reauthorizing the special use in accordance with the following criteria:
A. The applicant requesting the extension shall complete a planning application available from the Department of Development and shall submit a $250.00 extension fee.
B. A written explanation for the extension of time shall accompany the planning application along with a timeline/schedule for obtaining necessary permits, zoning, state and municipal approvals and a target date for construction start;
C. The request for extension shall be submitted within sixty (60) days of the expiration of the special use permit;
D. The extension, if granted, shall be valid for a period of six (6) months. If no building permit has been issued and construction has not commenced within six (6) months from and after the extension has been granted, the special use shall become null and void.
11. Miscellaneous.
A. Applicants are 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.
B. The use, as granted herein, is subject to applicants' compliance with all other state and local laws and regulations which may be applicable to the proposed use of the real estate in question.
C. 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 the 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 __________, 2005
_______________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-530\jmg\11-15-05