Title
Resolution relative to determination of Special Use Permit to establish a tavern, d/b/a the Neon Moon Saloon, within the unoccupied building (formerly Perko's) located at 5401 W. Burnham St. (Tax Key Number 474-0015-003).
Body
WHEREAS, Thomas Traxel, d/b/a Neon Moon Saloon, duly filed with the City Administrative Officer, Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16 and Sec. 12.41(2) of the Revised Municipal Code, to amend Resolution No. R-2004-0307 and Resolution No. R-2006-0209 to establish a tavern and dance hall within the unoccupied building located at 5401 W. Burnham St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on December 19, 2006, 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, Thomas Traxel, d/b/a Neon Moon Saloon, resides at 959 S. 58 St., West Allis, Wisconsin 53214.
2. The applicant has a valid offer to lease the subject property at 5401 W. Burnham St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Southwest ¼ of Section 2, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, Wisconsin, described as follows:
Lots 1 and 2 in Block 1 in the McGeoch Meadows Subdivision.
Tax Key Number: 474-0015-003
Said land being located at 5401 W. Burnham St.
3. The applicant has proposed to occupy the building as a 4,000 square foot tavern and country-dance hall. The basement will not be utilized for any tavern or assembly use. The applicant will also offer dance instruction once a week.
4. The aforesaid premises is zoned C-2 Neighborhood Commercial District under the zoning ordinance of the City of West Allis, which permits the location of a taverns as a special use, pursuant to Sec. 12.41(2) of the Revised Municipal code.
5. The property is serviced by all necessary public utilities.
6. The subject property is part of an area on the southwest corner of W. Burnham St. and S. 54 St., which is zoned for commercial purposes. Properties to the north and east are developed as commercial. Properties to the west and south are developed as residential.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that Thomas Traxel, d/b/a Neon Moon Saloon, be, and is hereby granted a special use:
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 Section 12.16 and Section 12.41(2) 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, Signage and Architectural Plans. The grant of this special use permit is subject to and conditioned upon the site, landscape, and screening and architectural plans approved by the City of West Allis Plan Commission on December 6, 2006, 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. Hours of Operation. The tavern business will be open Tuesday, Thursday, Friday and Saturday from 6:00 p.m. through State of Wisconsin mandated tavern closing time. Dance instruction will be provided on Sundays between 12:00 p.m. and 6:00 p.m.
3. Licenses and Permits. Subject to applicant applying for obtaining all required City and State of Wisconsin licenses and permits.
4. 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.
5. 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.
6. Parking. Twenty-six parking spaces to be provided on site, including two (2) ADA spaces. The Zoning Code requires 26 parking spaces for the 4,000 sq. ft. proposed occupancy.
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. Window signage shall be limited to a maximum of 20% coverage of window areas.
8. Pagers, Intercoms. The use of outdoor pagers, intercoms, or loud speakers shall not be permitted on site.
9. 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.
10. Refuse Collection. Refuse collection to be provided by commercial hauler and stored within a four-sided enclosure large enough to accommodate all outdoor storage of refuse and recyclable containers.
11. 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.
12. Outdoor Lighting. All outdoor lighting fixtures shall be shielded in such a manner that no light splays from the property boundaries.
13. 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.
14. 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 and Zoning
ZON-R-591\dlm \12-14-06