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Resolution relative to determination of Special Use Application to demolish and rebuild Arby's Restaurant, an existing business located at 10743 W. National Ave.
(Tax Key No. 519-9995-004).
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WHEREAS, Arby's Restaurant, through its owner, George Carisch, Carisch Brothers, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.43(2) and Sec. 12.16 of the Revised Municipal Code, for the demolition and rebuild of a restaurant with an outdoor dining area and drive thru; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on July 5, 2005, at 7:00 p.m. 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, George Carisch, Carisch Brothers, has offices at 641 E. Lake St., Suite 226, Wayzata, MN 55391.
2. The applicant, Carisch Brothers, owns the property at 10743 W. National Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Southwest ¼ of Section 8, Township 6 North, Range 21 East, in the City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
Lot 1 of the Certified Survey Map No. 728.
Said land being located at 10743 W. National Ave.
Tax Key Number: 519-9995-004.
3. The applicant is requesting to demolish the existing restaurant and build a new 3,300 sq. ft. restaurant with an outdoor dining area and drive-thru.
4. The aforesaid premises is zoned C-4 Regional Commercial District under the zoning ordinance of the City of West Allis, which permits the location of a restaurant with drive-thru as a special use, pursuant to Sec. 12.43(2) of the Revised Municipal Code.
5. The property is serviced by all necessary public utilities.
6. The subject property is part of a block between S. 108 St. and W. Wildwood Dr. on the south side of W. National Ave., which is zoned for commercial purposes. Properties to the north, south and west are developed as commercial and properties to the east are developed as commercial and multi-family.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Arby's Restaurant, through its owner, George Carisch, Carisch Brothers, for the proposed rebuild of a restaurant with an outdoor dining area and drive thru, 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 and Section 12.43(2) 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 Signage and Architectural Plans. The grant of this special use permit is subject to and conditioned upon approval by the City of West Allis Plan Commission for the site, landscape, and screening and architectural plans, 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. Construction. Building type and location on the subject property shall be in accordance with the representations contained in the application and in accordance with all building and fire codes.
3. Hours of Operation. The restaurant will be open from 10:00 a.m. to 11:00 p.m., daily. The drive-thru will be open 10:00 a.m. to 12:00 a.m. (midnight), daily.
4. Refuse Collection. Refuse collection will be done by a commercial hauler. (All refuse, recyclables and other waste material shall be screened from view within a four-sided enclosure to match the building).
5. Building Plans 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 Inspection and Zoning and by the Fire Department.
6. Staff. The restaurant will staff approximately 23 employees (approximately 8 at any one time).
7. Seating Capacity. Indoor seating not to exceed 79 patrons is proposed and shall be in accordance with occupant load calculations.
8. Outdoor Dining. An area for outdoor dining shall be located in front of the building, to be approved by the West Allis Plan Commission in the site, landscaping and architectural plan.
9. 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.
10. Window Signage. Window signage shall not exceed twenty (20) percent of the glazed portion of each window frame.
11. Pagers/Intercoms. The use of outdoor pagers, intercoms or loudspeakers shall not be permitted on site.
12. Parking Requirements. A minimum of 38 spaces shall be provided on the subject property which includes two (2) handicapped spaces: the Zoning Code requires 22 spaces. Ingress and egress is via two curb cuts on W. National Ave. and one curb cut on S. 108 St. which is shared through an easement with New China Buffet.
13. Sidewalk Repair. The grant of this special use is subject to compliance with Policy No. 2806 of the Revised Municipal Code relative to the City's sidewalk improvement policy as it relates to damaged, (if any) abutting sidewalk.
14. Easements. The grant of this special use is conditioned upon necessary access easement documentation being on file in the Building Inspections Dept.
15. Paving and Drainage. The grant of this special use is subject to necessary site paving and drainage plans(s) being submitted to the Building Inspection Dept.
16. Signage. The grant of this special use is subject to all pole signs being removed and replaced with one freestanding monument sign, to be approved by the Plan Commission.
17. Litter. Arby's Restaurant shall obtain permission from east and west abutting property owners to enter those sites thus allowing Arby's employees to inspect the sites and pick up litter on a daily basis. Refuse, recyclables, grease and other waste materials will be fully enclosed within an approved structure.
18. 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.
19. 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 special 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 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 ________________, 2005
_______________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-515\7-5-05\bjb