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Resolution relative to determination of Special Use Application submitted by West Allis Community Communications Corporation, to establish a television station within the existing building located at 7210 W. Greenfield Ave.
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WHEREAS, Linda Dobrowski, president of the West Allis Community Communications Corporation, duly filed with the City Administrative Officer-City Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16 of the Revised Municipal Code of the City of West Allis to establish a television station within the existing building located at 7210 W. Greenfield Ave.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on July 1, 2003, 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. The applicant, Linda Dobrowski, president of the West Allis Community Communications Corporation, resides at 2474 South 99 Street, West Allis, WI 53227.
2. The applicant has made an application for special use to establish a public service television station, for public access, training, cable communications and for the exchange of ideas and information. Other services available to members include: training workshops in video production, use of the facilities equipment and studio, use of the Community Media Center Cable Channel 14 and access to the Community Bulletin Board. Said premises is located in an existing building at 7210 W. Greenfield Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
Lot 23, Block 7, Otjen, Pullen and Shenners Subdivision, being a subdivision of the Southwest ¼ of Section 34, Township 7 North, Range 21 East, in the City of West Allis, County of Milwaukee, State of Wisconsin.
Tax Key No. 440-0349-000
Said property being located at 7210 W. Greenfield Ave.
3. The owner possesses a valid offer to lease the lower level and main floor of said premises.
4. The aforesaid area is zoned C-1 Central Business District under the Zoning Ordinance of the City of West Allis, which permits radio and television stations as a special use, pursuant to Sec. 12.40(2) of the Revised Municipal Code.
5. The subject property is part of a block between S. 72 St. and S. 73 St. on the north side of W. Greenfield Ave. Properties located to the north are developed for public parking and residential. Properties to the south, east and west are developed as commercial and mixed use commercial/residential).
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 of Linda Dobrowski, president of the West Allis Community Communication Corp. 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, Architectural and Signage Plans. The grant of this Special Use Permit is subject to and conditioned upon a site, landscape and architectural plan approved by the West Allis Plan Commission on June 25, 2003. Signage Plans will be required to be submitted to and approved by the West Allis Plan Commission. No alteration or modification of the approved plan shall be permitted without approval by the West Allis Plan Commission.
2. Building and Fire Codes. The grant of this Special Use Permit is subject to building plans being submitted to and approved by the Department of Building Inspections and Zoning and the Fire Department.
3. Hours of Operation. The facility will be open daily between 10:00 a.m. and 10:00 p.m., seven (7) days a week.
4. Employment. The number of employees on site will be three (3).
5. Parking. Off-street parking for the facility is supplied by the municipal parking lot immediately north of the proposed location.
6. Refuse Collection. To be provided by a commercial hauler.
7. Window Signage. Window signage shall not exceed 20% of a windows area.
8. Grant of Privilege. Grant of privilege being applied for and approved by the City Engineer. A grant of privilege (minor encroachment) is required as a result of the refuse container and proposed enclosure extending into the alley/city right of way.
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 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
9th_day of _July, 2003
/s/ Monica Schultz
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning & Zoning
ZON-R.386\bjb\7-1-03