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Resolution relative to termination of Special Use Permit previously granted to Frank L. Altenbach, d/b/a Steel Horse, to establish a tavern at 6215 W. National Ave. (formerly The Chalet Bar and Restaurant) (Tax Key No. 454-0073-001).
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WHEREAS, Frank L. Altenbach, d/b/a Steel Horse, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.42(2) and Sec. 12.16 of the Revised Municipal Code, to establish a tavern; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on November 4, 2003, 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, Frank L. Altenbach, d/b/a Steel Horse, resides at 5129 W. Beloit Rd.
West Milwaukee, WI 53214
2. The applicant owns the property at 6215 W. National Ave. West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Northeast ¼ of Section 3, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
Lots 1 and 2, being part of Block 3 in Liberty Heights Subdivision.
Said land being located at 6215 W. National Avenue
TAX KEY NO. 454-0073-001
3. The applicant proposed to replace the existing facade and upgrade the site with landscaping and a new parking lot. The applicant had proposed that all site and landscaping improvements are to be completed in the first year (by November, 2004) and had requested that an additional year (November, 2005) be granted to complete proposed architectural (facade) improvements.
As noted in Resolution No. R-2003-0339, the Steel Horse had offered both food (i.e., fish fries and BBQ) and bar services on site. No outdoor dining area was proposed as part of the special use request. The applicant had proposed to host/sponsor various charitable events as part of operations. Six to twelve employees were proposed.
4. The aforesaid premises is zoned C-3 Community Commercial District under the Zoning Ordinance of the City of West Allis, which permits a bar as a special use, pursuant to Sec. 12.42(2) and Sec. 12.16 of the Revised Municipal Code.
5. The subject property is part of a block along the south side of W. National Ave. between S. 62 St. and S. 63 St., which is zoned for commercial purposes. Properties to the north, west, and east are zoned for commercial use. Properties to the south are zoned residential use.
6. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area as the previous occupant operated a restaurant and a bar, and,
WHEREAS, notice concerning the hearing regarding the possible termination of the Special Use Permit was properly mailed to Frank L. Altenbach, and,
WHEREAS, a public hearing on the issue of termination was held on January 17, 2006, and,
WHEREAS, the Common Council, being fully advised in the premises, finds that a valid building permit has not been obtained as required in Sec. 12.16(11)(b) of the Revised Municipal Code and finds that the site, landscaping improvement conditions, approved by the West Allis Plan Commission on October 22, 2003 and set forth in Resolution No. R-2003-0339, have not been satisfied, specifically:
1. Site, Landscaping Improvements. The grant of this special use permit is subject to and instituted upon the completion of the following site and landscaping improvements:
a. Facade Improvements as approved by the Plan Commission on October 22, 2003. Facade Improvements to be completed within two years of Plan Commission approval (October 22, 2005);
b. A four-sided, board-on-board, wood refuse enclosure with personnel door. The size of the enclosure shall be large enough to screen all waste containers. Enclosure to be completed within one year of Common Council approval (June 1, 2005);
c. A poured concrete curb being installed along the building and east side of the site at least three feet away from building and fence, to be completed within one year of Common Council approval (June 1, 2005);
d. Installation of fence and landscaping along south property line to be completed within two years of Plan Commission approval (October 22, 2005);
e. Installation of decorative fence along east property line to be completed within two years of Plan Commission approval (October 22, 2005), and,
WHEREAS, the Common Council determines that credible evidence exists to support the termination of the Special Use Permit based upon the factors identified in Sec. 12.16(13) of the Revised Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the applicant has failed to obtain a building permit for site, landscaping and architectural improvements and has failed to satisfy conditions as required in Resolution No. R-2003-0339, and that the Special Use Permit of Frank L. Altenbach, d/b/a Steel Horse, to establish a sports bar, be, and is hereby terminated.
BE IT FURTHER RESOLVED that the application shall not be resubmitted for a period of one year from the date of said termination, except on the grounds of new evidence or proof of change of conditions found to be valid by the Common Council.
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-537\1-17-06\bjb