Title
Resolution relative to determination of Special Use Application submitted by the School District of West Allis-West Milwaukee, et al. to construct an elevator addition on the north elevation of Woodrow Wilson Elementary School building located at 8710 W. Orchard St.
Body
WHEREAS, the School District of West Allis-West Milwaukee, et al., duly filed with the City Administrative Officer-Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16, Sec. 12.36(3) and Sec. 12.31(3) of the Revised Municipal Code of the City of West Allis, for an elevator addition to be constructed on the north side of the existing school; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on June 1, 2004, 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, the School District of West Allis-West Milwaukee, et al., has business offices at 9333 W. Lincoln Avenue, West Allis, WI 53227.
2. The applicant owns the property located at 8710 W. Orchard St., West Allis, Milwaukee County, Wisconsin. The property is more particularly described as follows:
All the land of the owner being located in the Northwest ¼ of Section 4, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
Lots 14 thru 37, Block 3 in Kinsey's Cornwall Heights Subdivision.
(Tax Key No. 451-0077-000)
Said land being located at 8710 W. Orchard St.
3. The applicant is proposing to construct a 3-stop, 3-story elevator addition attached to the rear face of the school building.
4. The aforesaid premises is zoned RB-2 Residence District under the Zoning Ordinance of the City of West Allis, which permits modification/expansion to existing elementary schools as a special use, pursuant to Sec. 12.16, Sec. 12.36(3) and Sec. 12.31(3) of the Revised Municipal Code.
5. The subject property is part of an area on the north side of W. Orchard St. between S. 87 St. and S. 88 St. which is zoned for residential purposes along W. Orchard St. Properties to the north, east, south and west are developed for single family residential.
6. The proposed development should not contribute to traffic volume or traffic flow in the area as the site will not generate significant traffic flow.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of the School District of West Allis-West Milwaukee, et al., 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. Building Plans. The grant of this special use is subject to building plans being submitted to and approved by the Department of Building Inspections. All building and fire codes to be complied with.
2. Off-Street Parking. The school is proposing no additional parking spaces on site. The elevator addition does not require additional parking spaces. Off-street parking for 7 vehicles is marked/provided and maintained on site plus a parking area capacity of an additional 23 vehicles is provided. In accordance with Sec. 12.19 of the Revised Municipal Code, off-street parking spaces for at least 27 vehicles, including 2 ADA spaces are required.
3. Site and Screening Plan and Architectural Elevations. The grant of this Special Use Permit is subject to and conditioned upon the site and screening plan and architectural elevations approved by the West Allis Plan Commission on May 26, 2004, subject to a phased site and landscaping improvement plan that includes delineation of required parking spaces, being submitted to the Department of Development within one year from the date of approval of this special use. In addition, the Common Council required that the playground area be relocated away from the north property line of the school property or that the playground be screened from view with a wood, board-on-board fence to be installed along the north property line of the school's playground where it abuts the residential property located at 1436 S. 88 St. Plans for the recommended or proposed changes shall be submitted to the Plan Commission for approval. No alterations or modification to the approved plan shall be permitted without approval by the West Allis Plan Commission.
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, 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 & Zoning
ZON-R-434-6-1-04\jmg