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Resolution relative to determination of Special Use Application submitted by Thomas Doyle, d/b/a Doyle's Milwaukee Inn, to establish a restaurant at 7335 W. Greenfield Ave.
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WHEREAS, Thomas Doyle, d/b/a Doyle's Milwaukee Inn, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.40(2) and Sec. 12.16 of the Revised Municipal Code, to establish a restaurant with a bar within an existing 3,500 square foot building; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on February 18, 2003, 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, Thomas Doyle, Doyle's Milwaukee Inn, resides at 1226 South 73 Street, West Allis, WI 53214
2. The applicant holds a valid Offer to Purchase on the property at 7335 W. Greenfield Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
Lots 5 and 6, Block 7, Central Improvement Company's Subdivision
No. 1, located in the Northwest 1/4 of Section 3, Township 6 North, Range
21 East, in the City of West Allis, County of Milwaukee, State of Wisconsin.
TAX KEY NO.: 453-0118-000
Said property is located at 7335 W. Greenfield Ave.
3. The aforesaid premises is zoned C-1 Central Business District under the Zoning Ordinance of the City of West Allis, which permits restaurants as a special use, pursuant to Sec. 12.40(2) and Sec. 12.16 of the Revised Municipal Code.
4. The subject property is part of an area extending along the south side of W. Greenfield Ave. from S. 70 St. to S. 76 St. which is zoned for commercial purposes. Properties to the north, east, and west are developed for commercial and mixed commercial-residential use. Properties to the south are developed as municipal parking and residential uses.
5. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area as the site was previously used for restaurant/retail purposes.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Thomas Doyle, d/b/a Doyle's Milwaukee Inn, to establish a restaurant 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. Site, Landscaping, Architectural and Signage Plans. The grant of this special use permit is subject to and conditioned upon the site, landscape, and architectural elevation plans, approved on January 28, 2004, 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.
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. Hours of Operation. Hours of operation shall be 6:00 a.m. to 12:00 p.m. (midnight), seven days a week. The bar will be open in accordance with closing hours mandated by state law.
4. Seating Capacity. The restaurant will provide seating for up to 99 patrons.
5. Off-Street Parking. A total of twenty-four (24) parking stalls are required for the restaurant use. Municipal parking lots are located adjacent to the south and within the proximity of the proposed use.
6. 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.
7. 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.
8. Refuse Collection. Refuse Collection to be by commercial hauler.
9. Signage. The grant of this special use is subject to all signage and lighting plans being submitted to the Plan Commission for approval within one year.
10. Grant of Privilege. This special use is conditioned upon a Grant of Privilege being applied for and approved by the Board of Public Works to provide for signage and/or awning in the City's right of way.
11. Window Signage. Window signage shall not exceed twenty (20) percent of the glazed portion of each window frame.
12. 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.
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.
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 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 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 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 _____________, 2004
____________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R415\jmg\2-18-04