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Resolution relative to determination of Special Use Application submitted by Whitnall Summit Company for additional classrooms to be located at 6682 W. Greenfield Ave. for Upper Iowa University, 6610 W. Greenfield Ave.
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WHEREAS, Whitnall Summit Company duly filed with the Acting City Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16 and Sec. 12.45 of the Revised Municipal Code of the City of West Allis.; and
WHEREAS, after due notice, a public hearing was held by the Common Council on February 18, 2003, at 7:30 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, Whitnall Summit, has offices at 1126 S. 70 St., West Allis, WI 53214.
2. The applicant has made an application for special use to establish three new classrooms, office and reception area within the ground floor of a 5,000 square foot portion of the former Allis-Chalmers high bay repair area (now offices located at 6682 W. Greenfield Ave. - Bldg. 34), West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
That part of the Southwest l/4 of Section 34, Township 7 North, Range 21 East, in the City of West Allis, County of Milwaukee, State of Wisconsin described as follows:
Parcel 2 of Certified Survey Map No. 6388, except the area commencing at the Southeast corner of Parcel 1 of said CSM, thence west 117.89 feet south 100 feet easterly 116.26 feet , north 46.53 feet, thence north 53.48 feet to the Point of Commencement
Tax Key No. 439-001-030
Said land being located at6682 W. Washington St., which includes 6610 W. Washington St.
3. The additional classroom space will be used for evening classes between 5:30 p.m. and 9:30 p.m. The additional classrooms will accommodate approximately one hundred ten (110) students and three (3) staff persons.)
4. The Whitnall Summit Company owns property located at 6682 W. Greenfield Ave. and 6610 W. Greenfield Ave.
5. The aforesaid area is zoned M-1 Manufacturing District under the Zoning Ordinance of the City of West Allis, which permits public and private educational institutions including colleges and universities as special uses, pursuant to Sec. 12.45(2) of the Revised Municipal Code of the City of West Allis.
6. The Property is part of a block between S 70 St. and S. 65 St. on the north side of W. Greenfield Ave. Abutting properties to the north and south are developed as manufacturing and commercial uses. Properties to the east and west are developed as commercial uses.
7. 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 Whitnall Summit Company 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 and Architectural Plans. The grant of this Special Use Permit is subject to and conditioned upon site, landscaping and architectural plans approved January 22, 2003, by the 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 West Allis Plan Commission.
2. Building Plans and Fire Codes. Building plans will be submitted to and approved by the Department of Building Inspections and Zoning and the Fire Department.
3. Parking. Off-street parking for fourteen (14) vehicles is required for the additional floor space. One hundred ten (110) spaces are provided.
4. Hours of Operation. The additional classroom space is intended for evening classes between 5:30 p.m. and 9:30 p.m. daily.
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 of the City of West Allis; 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
24th day of February, 2003
/s/ Paul M. Ziehler
Acting City Clerk/Treasurer
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning & Zoning
ZON-R368\jmg\2-18-03