Title
Resolution relative to determination of a Transitional Use Permit to demolish an existing two-family dwelling at 7802-04 W. Hicks St. and to convert it to a commercial parking lot for HM Graphics, an existing business located at 7840 W. Hicks St. (Tax Key Nos. 477-0142-003 and 477-0143-000)
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WHEREAS, James Sandstrom, d/b/a HM Graphics, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a transitional use permit, pursuant to Sec. 12.36(2) of the Revised Municipal Code, for proposed expansion of the HM Graphics commercial parking lot located at 7840 W. Hicks St. to a residential lot located at 7802-04 W. Hicks St.; and,
WHEREAS, the Common Council, having carefully considered the evidence presented at the public hearing and the following pertinent facts noted:
1. The applicant, James Sandstrom, d/b/a HM Graphics, has offices on site at 7840 W. Hicks St., West Allis, WI 53214.
2. The applicant owns the property at 7840 W. Hicks St. and has a valid offer to purchase the property at 7802-04 W. Hicks 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 4, Township 6 North, Range 21 East, in the City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
Lots 1, 2, 3, 4 and part of Lot 5 in Block 1 of Conklin Park Subdivision, more particularly described as:
Beginning at the Southwest corner of said Lot 1; thence Northerly, 255.00 feet, along East right-of-way line of South 80th Street to the South right-of-way line of Union Pacific Railroad; thence Easterly, 452.00 feet, along said South line; thence Southerly, 105.00 feet; thence Easterly, 2.00 feet; thence Southerly, 25.00 feet; thence Westerly, 50.00 feet; thence Southerly, 125.00 feet, to the North right-of-way line of West Hicks Street; thence Westerly, 400.00 feet, along said North line to the Point of Beginning.
Part of Lot 5 in Block 1 of Conklin Park Subdivision, more particularly described as:
Beginning at the Southwest corner of said Lot 5; thence Northerly, 125.00 feet; thence Easterly, 50.00 feet; thence Southerly, 125.00 feet to the north right-of-way line of West Hicks Street; thence Westerly, 50.00 feet, along said line to the Point of Beginning.
Said land being located at 7840 W. Hicks St and 7802-04 W. Hicks St.
Tax Key Nos.: 477-0142-003 and 477-0143-000
3. The applicant is proposing to expand the existing commercial parking lot approximately 50 feet to the east of the existing HM Graphics parking lot and east property line
4. The 7802-04 W. Hicks St. site was previously developed as a two-family residence and will be demolished.
5. The property at 7840 W. Hicks St. is zoned M-1 Manufacturing District. The 7802-04 W. Hicks St. lot is zoned RB-2 Residence District and the applicant is requesting that a Transitional Use be granted for 20 parking spaces so HM Graphics can meet the parking requirements of the Revised Municipal Code for their proposed 23,640 sq. ft. warehousing addition to the existing building. A five-foot wide landscape bed and a six-foot high board-on-board fence will be added to the east side of the proposed lot to buffer the neighborhood.
6. The subject property is part of a block along the north side of W. Hicks St. between S. 77 St. and S. 80 St., which is zoned for manufacturing and residential purposes. Properties to the north are developed as commercial; properties to the south and east are developed as residential and the properties to the west are developed as manufacturing.
7. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area as 20 additional off-street parking spaces will be provided for HM Graphics employees.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of James Sandstrom, d/b/a HM Graphics for a Transitional Use Permit to demolish an existing two-family dwelling and to convert it to a 20-stall commercial parking lot for HM Graphics, an existing business located at 7840 W. Hicks St. 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 and 12.36(2) of the Revised Municipal Code, so as to permit the issuance of a special use permit and a transitional use permit as therein provided.
BE IT FURTHER RESOLVED that said transitional use permit is granted subject to the following conditions:
1. Site and Landscaping Plans. The grant of this transitional use permit is subject to and conditioned upon the site, landscape and screening plans approved by the City of West Allis Plan Commission on June 27, 2007, 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 the Fire Department.
3. Paving and Drainage. Paving and Drainage Plan being submitted to the Department of Building Inspections for approval.
4. Off-Street Parking. Off-street parking for 89 vehicles is required for the existing business and proposed 23,640 sq. ft. warehousing addition. Off-street parking for 89 vehicles will be provided on site, which includes the transitional use area.
5. Hours of Operation. HM Graphics operates its business among three shifts, 24 hours, seven days per week.
6. Litter. Employees shall inspect the site and immediate vicinity and pick up litter on a daily basis.
7. Refuse Collection. Refuse collection shall be provided by a commercial hauler.
8. Window Signage. Any building window signage shall not exceed twenty (20) percent of each window's area.
9. Expiration of Transitional Use Permit. Any transitional 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 transitional 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 transitional 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 transitional use shall become null and void.
26. 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 transitional 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 transitional 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, all as provided in Sec. 12.36(2) of the Revised Municipal Code.
D. 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. 12.36(2) of the Revised Municipal Code; that the issuance of the transitional use is expressly subject to compliance with said conditions.
The transitional use, as granted herein, shall run with the land and benefit 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, all as provided in Sec. 12.36(2) of the Revised Municipal Code.
Mailed to applicant on the
______day of_______________, 2007.
_______________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-629-7-3-07