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Resolution relative to amending the Special Use Permit to expand the hours of operation to 24 hours daily at the existing Wisconsin Athletic Club health facility located at 1939 S. 108 St. (Tax Key Nos. 481-9997-013, 481-9998-008, 481-9997-010 and 481-9997-012).
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WHEREAS, Chezare Misko, d/b/a Wisconsin Athletic Club, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.45(2) and Sec. 12.16 of the Revised Municipal Code, to expand the hours of operation to 24 hours daily to the existing business located at 1939 S. 108 St.; 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, Chezare Misko, d/b/a Wisconsin Athletic Club, has an office on site at 1939 S. 108 St., West Allis, WI 53214.
2. The applicant owns said premises located at 1939 S. 108 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Southeast ¼ of Section 6, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, Wisconsin, described as follows:
Parcels 1, 2 and 3 of Certified Survey Map No. 2664 and piece of land adjacent to said Parcel 3 more particularly described as follows: Beginning at the Northwest corner of said Parcel 3; thence Southerly, 100.00 feet along west line of said Parcel 3; thence Westerly, 275.00 feet; thence Northerly, 100.00 feet; thence Easterly, 275.00 feet to Point of Beginning.
Said property being located at 1939 S. 108 St. - Tax Key No.481-9997-013 and Tax Key No. 481-9998-008; property being located at 1955 S. 108 St. - Tax Key No. 481-9997-010; and property being located at 10840 W. Rogers St. - Tax Key No. 481-9997-012.
3. The aforesaid premises is zoned M-1 Manufacturing District under the Zoning Ordinance of the City of West Allis, which permits physical culture and health facilities as a special use, pursuant to Sec. 12.45(2) of the Revised Municipal Code.
4. The subject property is located on the west side of S. 108 St. between W. Rogers St. and the Union Pacific railroad. Properties to the north, south and west are developed as commercial and manufacturing uses. Properties to the east are residential.
5. 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.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Chezare Misko, d/b/a Wisconsin Athletic Club, to expand the hours of operation to 24 hours daily at the existing Wisconsin Athletic Club health facility, 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. 12.45(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, Signage and Architectural Plans. The grant of this special use permit is subject to and conditioned upon the approval of site, landscape, architectural and signage plans approved June 22, 2005, by the City of West Allis Plan Commission. No alteration or modification of the approved plan shall be permitted without approval by the West Allis 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. Parking. A total of 190 parking stalls are required per the Zoning Code. The total parking to be provided for Wisconsin Athletic Club will be 218 stalls (including 7 ADA parking spaces).
5. Hours of Operation. Hours of operation have been from 5:00 a.m. to 10:30 p.m., seven days per week. New hours of operation will be 24 hours per day, seven days per week. The tavern hours shall be in accordance with closing times mandated by State Law.
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. Outdoor Lighting. In no way shall light splay from the property boundaries. Parking lot lighting shall be recessed within a full cut-off fixture to limit light splay. Signage, if illuminated, shall be fabricated with an opaque background.
8. Outdoor Storage and Display. No outdoor storage, sales, or display of merchandise shall be permitted on site unless screened from view within a four-sided masonry enclosure. Refuse enclosures to be constructed with a four-sided, wood, board-on-board material with personnel door or opening.
9. 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, abutting sidewalk.
10. Window Signage. Window signage shall not exceed 20% of the window area.
11. Litter. Employees shall inspect the site 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 structure.
12. 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.
13. 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-533\bjb\11-15-05