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Resolution relative to determination of Special Use Permit for proposed IV Brothers Portering, a vehicle detailing service facility to be located at 714 S. 60 St. (Tax Key No. 438-0190-000)
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WHEREAS, Laura Cagle, d/b/a IV Brothers Portering, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.41(2) and Sec. 12.16 of the Revised Municipal Code, to establish a vehicle detailing service facility in the existing building located at 714 S. 60 St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on May 16, 2006, 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, Laura Cagle, d/b/a IV Brothers Portering, has offices at 932 S. 60 St., West Allis, WI 53214.
2. The applicant owns the property at 714 S. 60 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being part of Lots 1, 2, 3 and 4 in Block 16 of Central Improvement Co's. Subdivision No. 6, located in the Southwest ¼ of Section 35, Township 7 North, Range 21 East, City of West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
Beginning at the Northwest corner of said Lot 1; thence Easterly, 26.55 feet, along north line of said lot; thence Southerly, 131.96 feet, to the North right-of-way line of West Pierce Street; thence Westerly, 74.81 feet, along said north line; thence Northwesterly, 6.96 feet, to the East right-of-way line of South 60th Street; thence Northeasterly, 138.35 feet, along said East line, to the Point of Beginning.
Tax Key No. 438-0190-000
Said land being located at 714 S. 60 St.
3. The applicant is proposing to occupy the existing 4,420 sq. ft. building with a vehicle detailing service facility to include services such as hand washing and waxing, vehicle carpet and seat shampooing, window cleaning, interior dress up, etc. All services will be by appointment only. Vehicles will be picked up at other locations, taken to the portering business and serviced at the site and then driven back to the customer.
4. The aforesaid premises is zoned C-2 Neighborhood Commercial District under the Zoning Ordinance of the City of West Allis, which permits automobile service stations as a special use, pursuant to Sec. 12.41(2) and Sec. 12.16 of the Revised Municipal Code.
5. The subject property is located on the southeast corner of S. 60 St. and the Union Pacific Railroad along the northern border of the City of West Allis. Properties to the south and east are developed as residential. Properties to the north, in the City of Milwaukee, are developed as multi-family residential. Properties to the west are developed as commercial.
6. The use, value and enjoyment of other property in the surrounding area 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 Laura Cagle, d/b/a IV Brothers Portering, to establish a vehicle detailing service facility 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 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, landscape, and screening plans approved by the City of West Allis Plan Commission on April 27, 2006, 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. A signage plan approved by the Department of Development is also required.
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 29 vehicles is required for the vehicle detailing service facility, including two (2) ADA stalls. Off-street parking for four (4) vehicles, including one (1) ADA stall will be provided on site. The building includes a 2,750 sq. ft., large, open bay area and an 800 sq. ft. small bay area where vehicles will be serviced. All vehicles will leave the site and be driven back to the customer as soon as the servicing has been completed. Employee vehicles and customer vehicles being serviced shall not be parked in the public right of way. All storage of vehicles awaiting service, or stored prior to service, will be conducted indoors within the approved vehicle service use area and screened from view.
4. Hours of Operation. The auto repair shop will be open Monday through Saturday from 7:00 a.m. to 7:00 p.m. and closed on Sunday. Three employees will be employed at the facility.
5. Paving and Drainage. The grant of this special use is subject to a paving and drainage plan being submitted to and approved by the Department of Building Inspections and Zoning.
6. 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.
7. Outdoor Paging Speakers. Outdoor pagers or speakers shall not be permitted on site.
8. Window Signage. Any building window signage shall not exceed twenty (20) percent of each window's area.
9. Sidewalk Repair: The grant of this special use is subject to compliance with Section 2814 of the City's Policy and Procedures Manual relative to that policy as it relates to the replacement and repair to City walkways of damaged or defective (if any) abutting sidewalk.
10. Expiration of Special Use Permit. Any special 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 special 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 special 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 special use shall become null and void.
11. Miscellaneous.
A. 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.
B. The 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.
C. 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 the 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 _______________, 2006
_______________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-555\5-16-06\jmg