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Resolution relative to determination of Special Use Application submitted by Curtis Bohn, representing Northern Tool & Equipment, for the establishment of an outdoor sales and display area located at 610 S. 108 St.
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WHEREAS, Curtis Bohn, representing Northern Tool & Equipment, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16, Sec. 12.45(2)(a) and Sec. 12.43(2)(f) of the Revised Municipal Code of the City of West Allis, for establishment of an outdoor sales and display area located at 610 S. 108 St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on August 3, 2004, 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. Curtis Bohn, representing Northern Tool & Equipment, has offices at 2800 Southcross Drive West, P.O. Box 1219, Burnsville, MN 55337.
2. The applicant has a 15-year lease on the property located at 610 S. 108 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows, to-wit:
All the land of the owner being located in the Northwest ΒΌ of Section 32, Township 7 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
Beginning at the southeast corner of Parcel 2, Certified Survey Map No. 2256; thence Southeasterly 228.33 feet; thence Westerly, 385.00 feet; thence Northeasterly, 37.00 feet; thence Northerly, 155.00 feet; thence Easterly, 47.00 feet; thence Northerly, 35.00 feet to the southwest corner of said Parcel 2; thence Easterly, 288.01 feet along south line of said Parcel 2, to the Point of Beginning.
TAX KEY NO.: 415-9992-002
Said land being located at 610 S. 108 St.
3. The aforesaid premise is zoned M-1 Manufacturing District under the Zoning Ordinance of the City of West Allis, which permits outdoor sales & display uses, pursuant to Sec. 12.16 and Sec. 12.45(2) of the Revised Municipal Code.
4. The applicant is proposing to establish an outdoor sales and display area located at 610 S. 108 St. The outdoor display area will consist of approximately 2,800 square feet and will be located on the north side of the building and east of the main entrance. The display area will feature a decorative wrought iron style fence with masonry piers.
5. The subject property is part of a block on the east side of S. 108 St. between W. Theodore Trecker Way and Hwy. I-94, which is zoned for manufacturing purposes. Properties to the north, south, east and west are developed as manufacturing use.
6. 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 submitted by Curtis Bohn, representing Northern Tool & Equipment, 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. 12.16 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, screening and architectural plans approved on July 28, 2004, by the West Allis Plan Commission. No alterations or modification to the approved plan shall be permitted without approval by the West Allis Plan Commission. Signage Plans to be approved 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. Off-Street Parking. Parking for ninety (90) vehicles is required. A total of ninety-three (93) parking stalls are being provided on-site, including two (2) ADA stalls. Parking for residences shall be located on site and delineated on plan.
4. Refuse Collection. To be provided by a commercial hauler. All refuse, recyclables and other waste material shall be screened from view within a four-sided enclosure to match the building.
5. Paving and Drainage. Paving and Drainage Plan being submitted to the Department of Building Inspections for approval.
6. Window Signage. Window signage shall not exceed twenty (20) percent of the glazed portion of each window frame.
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.
8. 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.
9. Outdoor Lighting. All outdoor lighting fixtures shall be shielded in such a manner that no light splays from the property boundaries.
10. Hours of Operation. Hours of operation shall be 7:00 a.m. to 9:00 p.m., Monday through Saturday and 10:00 a.m. to 5:00 p.m. on Sundays.
11. Pagers/Intercoms. The use of outdoor pagers, intercoms or loudspeakers shall not be permitted on site.
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 (1) 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 special 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 approval of the Common Council, following public hearing, 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 & Zoning
ZON-R-442-8-3-04\bjb