Title
Resolution relative to determination of Special Use Permit to reestablish occupancy for a mixed-use commercial and residential building located at 6416-18 W. National Ave.
Body
WHEREAS, Heidi Wachowiak, d/b/a Prospect Holdings 3061, LLC, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.42(2), Sec. 12.49 and Sec. 12.16 of the Revised Municipal Code, to renovate and occupy a mixed-use building with commercial street frontage and a 2-bedroom residential unit behind the commercial space at the property located at 6416-18 W. National Ave.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on April 5, 2011, 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, Heidi Wachowiak, d/b/a Prospect Holdings 3061, LLC, currently resides at 1165 Club Circle 208W, Brookfield, WI 53005.
2. The applicant owns the property at 6416-6418 W. National Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Northeast ¼ of Section 3, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, describes as follows:
Lot 3 in Block 1 of the C.A. Maynard and Agnew's Subdivision No.3.
Tax Key No. 454-0204-000
Said land is located at 6416-18 W. National Ave.
3. The applicant is proposing to renovate the existing structure and establish occupancy for a mixed use. Commercial space will occupy the street frontage (approximately 650 sq. ft. in area) and remainder of the building will be utilized as a 2-bedroom apartment.
4. The aforesaid premises is zoned C-3 Community Commercial District under the Zoning Ordinance of the City of West Allis, which permits mixed residential and commercial uses as a special use, pursuant to Sec. 12.42(2), Sec. 12.49 and Sec. 12.16 of the Revised Municipal Code.
5. The subject property is located on the north side of W. National Ave. in between S. 65 and S. 62 Streets. Properties to the north, south, east and west are developed as mixed residential and commercial.
6. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area as the site has historically been used as a mixed-use facility with commercial street frontage.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Heidi Wachowiak, d/b/a Prospect Holdings 3061, LLC, to renovate and occupy a mixed-use building with commercial street frontage, and a 2-bedroom residential unit behind the commercial space, 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. 12.42(2), Sec. 12.49 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 on February 23, 2011 by the City of West Allis Plan Commission 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. The detached metal Quonset structure in the rear yard be demolished and returned to grass yard on the basis that the structure is dilapidated and that there is no access to the structure.
2. Off-Street Parking. In accordance with Sec. 12.19 of the Revised Municipal Code, four (4) parking spaces are required on site (2 for commercial and 2 for residential). No off-street parking spaces are currently provided on site, nor have they ever been historically. The Common Council shall have the authority to change the minimum parking requirements in accordance with Sec. 12.16(9)(a) of the Revised Municipal Code.
3. Commercial Business Operations. Daily 6:30 a.m. to 10:00 p.m. seven days per week.
4. Litter. Employees shall inspect the site and immediate vicinity and pick up litter on a daily basis.
5. Refuse Collection. Refuse collection to be provided by commercial hauler and stored within the building or within a four-sided enclosure large enough for all outdoor storage of refuse and recyclable containers.
6. 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.
7. Pagers, Intercoms. The use of outdoor pagers, intercoms, or loud speakers shall not be permitted on site.
8. Monitoring. The area shall be adequately monitored by staff.
9. Window Signage. Any building window signage shall not exceed twenty (20) percent of each window's area and be affixed to the interior of the window space.
10. 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.
11. Outdoor Lighting. All outdoor lighting fixtures shall be shielded in such a manner that no light splays from the property boundaries.
12. Outdoor Storage and Display. No outdoor storage, sales or display shall be permitted on site unless approved by the Plan commission in accordance with Chapter 12 of the Revised Municipal Code.
13. Sidewalk Repair. The grant of this special use is subject to compliance with Policy No. 2806 of the Revised Municipal Code relative to the City's sidewalk improvement policy as it relates to damaged (if any), abutting sidewalk.
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, the special use may be terminated.
18. Acknowledgement. That the applicants sign an acknowledgment that he has received these terms and conditions and will abide by them.
The undersigned applicant agrees 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.
_____________________________________________
Heidi Wachowiak, d/b/a Prospect Holdings 3061, LLC
Mailed to applicant on the
_____day of ________________, 2011
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_______________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-813-4-5-11