Title
Resolution relative to determination of Special Use Permit for Sammy's Taste of Chicago, a restaurant, proposed to be located at 1234 S. 108 St.
Body
WHEREAS, Sammy Bohringer, Sammy's Taste of Chicago, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.42(2) and Sec. 12.16 of the Revised Municipal Code, to establish a restaurant (no drive-thru) at 1234 S. 108 St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on March 5, 2013, at 7:00 p.m., in the Common Council Chambers 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, Sammy Bohringer, Sammy's Taste of Chicago currently has a restaurant at 10534 W. Greenfield Ave. West Allis, WI 53214. The owner, of the 1234 S. 108 St. property, Probucolls Association of Milwaukee (the owner), has offices at 9733 W. Greenfield Ave., West Allis, WI 53214.
2. The applicant has a valid offer to lease with an option to purchase the property at 1234 S. 108 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Southwest ΒΌ of Section 32, Township 7 North, Range 21 East, City of West Allis, Milwaukee County, Wisconsin, described as follows:
Lots 16, 17, 18 and South 7.00 feet of Lot 19 in Greenfield Park Subdivision No. 1, Block 3.
Tax Key No. 444-0453-001
Said land is located at 1234 S. 108 St.
3. The applicant is proposing to occupy the 1,600 sq. ft. building with a restaurant for dine-in, delivery and carry-out service. No drive-thru is proposed for the use.
4. The aforesaid premises is zoned C-3 Community Commercial District under the Zoning Ordinance of the City of West Allis, which permits restaurants as a special use, pursuant to Sec. 12.42(2) and Sec. 12.16 of the Revised Municipal Code.
5. The subject property is located on the northeast corner of S. 108 St. and W. Madison St.
Properties to the north and south and west are developed as commercial. Properties to the east are developed as residential.
6. The use, value and enjoyment of other property in the surrounding area will not be substantially impaired or diminished by the establishment, maintenance or operation of the special use as the property has been commercially developed in the past including retail and restaurant uses. No drive-thru is proposed and the hours of operation are limited.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Sammy Bohringer, Sammy's Taste of Chicago, to establish a restaurant (no drive-thru) at 1234 S. 108 St., 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 Secs. 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. Compliance with Municipal Ordinances. Ordinance 1.08(9)(b) of the West Allis Municipal Code prohibits any permit being issued until any outstanding forfeiture is paid to the City.
2. Property Owner Registration. Property owner registration application and fee being submitted to the Department of Building Inspections and Neighborhood Services.
3. Site, Landscaping, Screening, Signage and Architectural Plans. The grant of the special use is subject to and conditioned upon implementation and completion of the conditions of approval from the February 27, 2013 Plan Commission meeting. No alteration or modification of the approved plan shall be permitted without approval by the Plan Commission. The following items are required to be complete prior to issuance of a business occupancy permit for the 1234 S. 108 St. property:
(a) Installation of landscaping per the Plan Commission's approved site and landscaping plan;
(b) Poured curb edging and specific details of curbing to replace any wheel-stops on site and to provide a defined edge for landscaping;
(c) Removal of the non-conforming pole sign; and,
(d) Submit a proposal to the Department of Development to identify exterior changes to the building.
4. Building, Plans, Fire and Health Codes. The grant of this special use is subject to building plans being submitted to and approved by the Health Department, the Department of Building Inspections and Neighborhood Services and by the West Allis Fire Department.
5. Restaurant Operations. The restaurant will be utilized for dine-in, carry-out and delivery between the hours of 8:00 a.m. and 10:00 p.m. daily, seven days per week. No drive-thru service is proposed.
A. All exterior doors shall be kept closed to prevent sound/noise emissions into the adjacent neighborhood.
B. Excessive odors from cooking on premises shall be controlled within limits of current
technology.
C. Excessive noise and vibrations shall not emanate from the building.
D. Employees shall inspect the site and immediate vicinity and pick up litter on a daily basis.
E. Exterior pest control shall be contracted on a monthly basis.
6. Noxious Odors, Etc. The restaurant shall not emit foul, offensive, noisome or disagreeable odors, gases or effluvia into the air. Mechanical systems shall be maintained to efficiently remove noxious odors.
7. Hours of Operation. The restaurant will be utilized for dine-in, delivery and carry-out service with dine in and carry-out service hours between 8:00 a.m. and 10:00 p.m. daily/seven days per week. Restaurant uses shall be permitted between the general operating hours of 6:00 a.m. to 10:00 p.m., seven days per week, under the terms of this special use without an amendment hearing.
8. Off-Street Parking. A total of 11 parking spaces are required on site and 24 are currently provided.
9. Litter. Employees shall inspect the area and immediate vicinity and pick up litter on a daily basis. Refuse, recyclables, grease and other waste materials will be fully enclosed within an approved 4-sided masonry structure to match the building.
10. Signage. Any building window signage shall not exceed twenty (20) percent of each window's area. Any existing non-conforming signage on site shall be removed.
11. 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.
12. Outdoor Lighting. All outdoor fixtures shall be shielded in such a manner that no light splays from the property boundaries.
13. Outdoor Paging Speakers. Outdoor pagers or speakers shall not be permitted on site.
14. 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.
15. 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.
16. Lapse. If the applicant does not meet all of the terms and conditions set forth in this grant of a special use within one year of the granting thereof, then the Special Use Permit shall lapse and become null and void and the applicant shall forfeit any right to use the property as conferred by the Special Use Permit. The failure of the applicant to meet the terms and conditions of the Special Use Permit shall subject the permit to being declared void by the Common Council after notice to the applicant and a hearing before the Safety and Development Committee. Upon a finding and recommendation by the Committee to the Common Council on the matter, the applicant and/or any interested person may make comments regarding the matter to the Common Council prior to the Common Council's next regular meeting following the recommendation. Upon the Common Council's finding that the Special Use Permit has lapsed and become void, the applicant shall cease all operations at the property.
17. Termination of Special Use. If the person or entity granted the special use violates, allows or suffers the violation of the ordinances of the City of West Allis, the State of Wisconsin or the United States on the premises covered by the special use, then the special use may be terminated.
18. Acknowledgement. That the applicant signs an acknowledgment that he has received these terms and conditions and will abide by them.
The undersigned applicant and property owner agree to the terms and conditions and has agreed that the grant of the Special Use Permit is conditioned on meeting the terms and conditions of this resolution.
___________________________________
Sammy Bohringer, applicant
__________________________________
Probucolls Association of Milwaukee, property owner
Mailed to applicant on the
______day of _______________, 2013
_______________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning and Zoning
ZON-R-908-3-19-13-Version 2