Title
Resolution relative to determination of Special Use Application to establish an auto repair facility within the building located at 12323 W. Fairview Ave. (Tax Key No. 413-9996-006).
Body
WHEREAS, Doris Pelc, d/b/a August Schmidt Co., duly filed with the City Administrative Officer-Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.45(2) and Sec. 12.16 of the Revised Municipal Code, to establish a commercial vehicle repair facility within the existing building located at 12323 W. Fairview Ave.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on May 17, 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, Doris Pelc, d/b/a August Schmidt Co., has offices at 11020 W. Mitchell St., West Allis, WI 53214.
2. The applicant has a valid offer to lease a portion of the property at 12323 W. Fairview Ave., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All the land of the owner being located in the Northwest ¼ of Section 31, Township 7 North, Range 21 East, City of West Allis, Milwaukee County, Wisconsin, described as follows:
Commencing at the Northwest corner of the said Northwest ¼ ; thence Easterly, 200.00 feet, along north line of said Northwest ¼ ; thence Southerly, 23.00 feet to the south right-of-way line of West Fairview Avenue and Point of Beginning; thence, continue, Southerly, 245.92 feet; thence Southwesterly, 121.70 feet; thence Northwesterly, 255.35 feet, to the said south right-of-way line; thence Easterly, 170.29 feet, along said south line to the Point of Beginning.
Tax Key No. 413-9996-006
Said land being located at 12323 W. Fairview Ave.
3. The applicant is proposing to occupy the entire 9,600 square feet of the existing building for commercial vehicle and truck repair. Approximately 10 repair vehicles will be stored outside. clients will consist of local delivery business fleets. Previous occupants include office and warehouse storage use (Gordie Boucher, Inc.) and electronic service use (Radio Communication
Co., Inc.)
4. The aforesaid premises is zoned M-1 Manufacturing District under the Zoning Ordinance of the City of West Allis, which permits vehicle repair as a special use, pursuant to Sec. 12.45(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. Fairview Ave. between S. Curtis Rd. and county-owned Underwood Creek Parkway. Properties to the south are developed as Interstate 94 and manufacturing. Properties to the north are developed as residential and are in the City of Wauwatosa. Properties to the east are developed as manufacturing. Properties to the west are developed as county parkway.
6. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area as it was previously used as manufacturing use. The parking lot will be used for employee and customer parking, and for repair vehicle storage. No repair vehicles will be parked within the City right of way.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Doris Pelc, d/b/a August Schmidt Co., to establish an auto repair use, 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, Screening, Signage and Architectural Plans. The grant of this special use permit is subject to and conditioned upon the site, landscape, and screening plans approved by the City of West Allis Plan Commission on April 27, 2005, 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 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.
3. Paving and Drainage. The grant of this special use is subject to a paving and drainage plan being submitted to and approved by the Department of Building Inspections and Zoning.
4. Hours of Operation. The auto repair shop will be open Monday through Friday from 7:30 a.m. to 9:00 p.m. and on Saturday from 8:00 a.m. to 2:00 p.m.
5. Off-Street Parking. The auto repair use is required to provide 55 parking stalls, to include 3 ADA stalls. A total of 14 parking stalls, including one ADA stall, are available on site. Street parking is available along W. Fairview Ave. Employee vehicles and customer vehicles being serviced or awaiting service shall not be parked in the public right of way (including vehicles being repaired or stored on site). All areas in which outdoor storage will occur shall be completely screened from view and delineated on an approved site plan.
The Common Council approves this parking deficiency based upon the following rationale:
A. Clients will consist of local delivery business fleets consisting of 1 to 5 trucks;
B. No more than 10 repair vehicles awaiting repair will be stored outside at one time.
6. 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.
7. Outdoor Paging Speakers. Outdoor pagers or speakers shall not be permitted on site.
8. Window Signage. Any building window signage shall not exceed twenty (20) percent of each window's area.
9. 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.
10. 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-504\jmg\5-17-05