File #: R-2003-0072    Version: 1
Type: Resolution Status: Placed On File
File created: 2/18/2003 In control: Safety and Development Committee (INACTIVE)
On agenda: Final action: 2/18/2004
Title: Resolution relative to determination of special use application submitted by the Sisters of Charity of St. Joan Antida to establish a convent and to construct an addition to the existing residence located at 2716 S. Root River Parkway.
Attachments: 1. 2003-0072, 2. R-2003-0072

Title

 

Resolution relative to determination of special use application submitted by the Sisters of Charity of St. Joan Antida to establish a convent and to construct an addition to the existing residence located at 2716 S. Root River Parkway.

 

Body

 

WHEREAS, the Sisters of Charity of St. Joan Antida duly filed with the Acting City Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16, Sec. and Sec. 12.31(3)(c)(iii) of the Revised Municipal Code of the City of West Allis, to construct a 484 square foot addition to the existing residence located at 2716 S. Root River Parkway; and,

 

WHEREAS, after due notice, a public hearing was held by the Common Council on February 18, 2003, at 7:30 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, Sisters of Charity of St. Joan Antida, has offices at 8560 North 76 Place, Milwaukee, WI  53223

 

2.                     The applicant owns the property located at 2716 S. Root River Parkway, West Allis, Milwaukee County, Wisconsin.  The property is more particularly described as follows:

 

That part of the Southwest One-quarter (l/4) of Section Seven (7), Township 6 North, Range Twenty-one (21) East, in the City of West Allis, County of Milwaukee, State of Wisconsin described as follows:

 

Commencing at the Northeast corner of said Southwest l/4 Section; thence South 89º 03' 50" West (recorded as North 86º 42' 02" West) along the North line of said l/4 Section, 1074.00 feet; thence South 04º 19' 47" East, 50.87 feet to a tangent curve concaved to the east having a radius 543.50 feet; thence southerly along the arc of said curve 134.53 feet (having a chord bearing of South 11º 25' 11" East and a length of 134.16 feet) to the Point of Beginning; thence continuing south and southeasterly along the arc, said curve 220.00 feet (having a chord bearing South 30º 06' 19" East and a length of 218.51 feet); thence North 48º 17' 52" East, 190.00 feet; thence North 45º 16' 50" West, 73.63 feet; thence North 24º 18' 28" West, 73.86 feet; thence South 71º 29' 25" West, 177.94 feet to the Point of Beginning, containing 33,366.93 square feet.

 

Tax Key Number 521-9991-001

 

Said land being located at 2716 S. Root River Parkway

 

3.                     The applicant currently occupies the existing building located at 2716 S. Root River Parkway and is proposing to construct a two-car garage addition and convert the existing garage space to accommodate 3 bedrooms, an office and a utility area.  The garage addition will be attached to the converted space via a breezeway corridor.

 

4.                     The aforesaid premises is zoned RA-1 Residential District under the Zoning Ordinance of the City of West Allis, which permits religious institutions located 20 feet or more from any other lot in the Residence District, specifically including rectories, convents and parish houses as a special use, pursuant to Sec. 12.31(3)(c)(iii), and Sec. 12.16 of the Revised Municipal Code.

 

5.                     The existing building is located 8.26 feet less than 20 feet from the abutting residential lot to the north.  The proposed addition will be located 20 feet or more from abutting property lines.

 

6.                     The chapel meditation area within the existing building is intended for private use by convent residents only.

 

7.                     The second floor attic space is not intended to be used as habitable space.

 

8.                     The subject property is part of an area on the east side S. Root River Parkway, between W. Cleveland Ave. and W. Montana Ave., which is zoned for residential purposes.  Properties to the south, north and west are developed for single-family residential.  Properties to the east are developed as religious church use. 

 

9.                     The proposed development should not adversely contribute to traffic volume or traffic flow in the area as the site was previously and is currently utilized as a residence.

 

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Sisters of Charity of St. Joan Antida 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 a Site, Landscaping, Screening, Architectural Plan approved by the West Allis Plan Commission on January 22, 2003.  No alterations or modification to the approved plan shall be permitted without approval 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.                     Paving and Drainage.  Paving and Drainage Plan being submitted to the Department of Building Inspections for approval.

 

4.                     Parking.  Four (4) parking stalls are required and shall be provided 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, all as provided in Sec. 12.16 of the Revised Municipal Code.

 

 

Mailed to applicant on the

          day of _____________, 2003

                                                         

Acting City Clerk/Treasurer

 

cc:                     Dept. of Development

Dept. of Building Inspections and Zoning

Div. of Planning & Zoning

 

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