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Resolution relative to determination of Special Use Application submitted by Rudy Borchardt, leasing agent for the Whitnall Summit Co., and Rafael Delgado of the Metro Milwaukee Ballet Center, to establish a dance instructional and training facility within the Summit Place Office Building located at 6737 W. Washington St.
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WHEREAS, Rudy Borchardt, leasing agent for the Whitnall Summit Co., and Rafael Delgado of the Metro Milwaukee Ballet Center, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.41(2)(v), Sec. 12.45(2)(a) and Sec. 12.16 of the Revised Municipal Code, to establish a dance instructional and training facility within the Summit Place Office Building; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on March 2, 2004, 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 applicants, Rudy Borchardt, leasing agent for the Whitnall Summit Co., has an office at 6737 W. Washington St., West Allis, WI 53214, and Rafael Delgado of the Metro Milwaukee Ballet Center, has an office at 2949A North 68 Street, Milwaukee, WI 53210
2. The applicant, Rafael Delgado of the Metro Milwaukee Ballet Center, has a valid offer to lease space at 6737 W. Washington St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All that land of the owner being located in the Southeast ¼ and Southwest ¼ of Section 34, Township 7 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin described as follows:
Parcel 1 of the Certified Survey Map No. 7256.
Said land being located at 6737 W. Washington St.
Tax Key No. 439-0001-031
3. The aforesaid premises is zoned M-1 Manufacturing District under the Zoning Ordinance of the City of West Allis, which permits dance instructional and training facilities as a special use, pursuant to Sec. 12.41(2)(v), Sec. 12.45(2)(a) and Sec. 12.16 of the Revised Municipal Code.
4. The subject property is part of a block adjacent to S. 70 St. and perpendicular to W. Washington St., which is zoned for commercial and manufacturing purposes. Properties to the north, west, and east are developed as manufacturing; properties to the south are developed for commercial and manufacturing.
5. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area.
6. The applicant proposes to establish an approximate 2,500 square foot dance instructional and training facility with two studios.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Rudy Borchardt, leasing agent of the Whitnall Summit Co. and Rafael Delgado of the Metro Milwaukee Ballet Center, to establish a restaurant within Summit Place Office Building 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, screening, and architectural plans approved on February 25, 2004, 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. Hours of Operation. The hours of operation will be 9:00 a.m. to 9:00 p.m., Monday through Friday; 9:00 a.m. to 6:00 p.m. Saturday; and 1:00 p.m. to 6:00 p.m. Sunday (occasionally).
3. Off-Street Parking. Seven parking stalls are required for the proposed dance instructional and training facility and a total of 768 are provided by the Whitnall Summit master parking plan.
4. Signage. The grant of this special use is subject to all signage and lighting plans being submitted to the Plan Commission for approval within one year.
5. Litter. Employees shall inspect the area and the immediate vicinity and pick up litter on a daily basis. Refuse, recyclables, and other waste materials will be fully enclosed within the approved structure.
6. Window Signage. Any building window signage shall not exceed twenty (20) percent of each window's area.
7. 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.
8. 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.
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.
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 applicants' failure to obtain other necessary building and zoning approvals.
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.
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 applicants on the
10th day of March, 2004
/s/ Monica Schultz
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-420\jmg\3-2-04