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Resolution relative to determination of Special Use Application submitted by Michael Ropel, d/b/a Rajun Cajun Restaurant, to establish a restaurant at 7335 W. Greenfield Ave. (formerly Bangkok Dokkoon Restaurant)
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WHEREAS, Michael Ropel, d/b/a Rajun Cajun Restaurant, duly filed with the City Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.40(2) and Sec. 12.16 of the Revised Municipal Code, to establish a restaurant with a bar within an existing 3,500 square foot building; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on December 3, 2002, 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, Michael Ropel, d/b/a Rajun Cajun Restaurant, resides at 5225-R South 13 Street, Milwaukee, WI 53221.
2. The applicant has a valid offer to lease 7335 W. Greenfield Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
Lots 5 and 6, Block 7, Central Improvement Company's Subdivision
No. 1, located in the Northwest 1/4 of Section 3, Township 6 North, Range
21 East, in the City of West Allis, County of Milwaukee, State of Wisconsin.
TAX KEY NO.: 453-0118-000
Said property is located at 7335 W. Greenfield Ave.
3. The aforesaid premises is zoned C-1 Central Business District under the Zoning Ordinance of the City of West Allis, which permits restaurants as a special use, pursuant to Sec. 12.40(2) and Sec. 12.16 of the Revised Municipal Code. This property was granted special use approval for a Thai restaurant on September 18, 2001 (Resolution No. 26855). The current applicant is seeking special use approval for expanding/intensifying the restaurant use by adding a bar service.
4. The subject property is part of an area extending along the south side of W. Greenfield Ave. from S. 70 St. to S. 76 St. which is zoned for commercial purposes. Properties to the north, east, and west are developed for commercial and mixed commercial-residential use. Properties to the south are developed as municipal parking and residential uses.
5. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area as the site was previously used for restaurant/retail purposes.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Michael Ropel, d/b/a Rajun Cajun Restaurant, to establish a restaurant 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 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, ARCHITECTURAL AND SIGNAGE PLANS. The grant of this special use permit is subject to and conditioned upon the site, landscape, and architectural elevation plans, approved on August 28, 2002, by the City of West Allis Plan Commission 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. BUILDING PLANS. The grant of this special use is subject to building plans being submitted to and approved by the Department of Building Inspections and Zoning.
3. HOURS OF OPERATION. Hours of operation shall be 11:00 a.m. to 2:00 a.m., seven days a week.
4. OFF-STREET PARKING. A total of twenty-four (24) parking stalls are required for the restaurant use. Municipal parking lots are located adjacent to the south and within the proximity of the proposed use.
5. LITTER. Employees shall inspect the site and immediate vicinity and pick up litter on a daily basis. Refuse, recyclables, grease and other waste materials will be fully enclosed within an approved structure.
6. SIGNAGE. All signage on premise shall be in accordance with Sec. 13.215 of the Revised Municipal Code.
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 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 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 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 _________, 2003
_______________________
Acting City Clerk/Treasurer
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning