Title
Resolution relative to determination of Special Use Application to establish a day spa and salon within the existing building located at 2572 S. 76 St. (Tax Key No. 488-0512-002).
Body
WHEREAS, Christine Lutz, d/b/a Relaxations Spa and Salon, duly filed with the City Administrative Officer, Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16 and Sec. 12.42(2) of the Revised Municipal Code, to establish a day spa and salon within the existing building located at 2572 S. 76 St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on September 6, 2005, 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, Christine Lutz, d/b/a Relaxations Spa and Salon, has offices at 2572 S. 76 St., West Allis, Wisconsin 53219.
2. The applicant has a valid offer to lease the subject property at 2572 S. 76 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All that land of the owner being located in the Northwest ¼ of Section 10, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, described as:
Part of Lot 1 in the Block 4, Assessor's Plat No. 247, more particularly described as follows: Beginning at the southwest corner of Lot 1, Certified Survey Map No. 4831; thence Easterly, 77.36 feet; thence Southeasterly, 49.68 feet, to the northerly right-of-way line of West Beloit Road; thence Southwesterly, 93.20 feet, along said right-of-way line; thence Northwesterly, 39.56 feet, to the east right-of-way line of South 76th Street; thence Northerly, 79.75 feet, along said east line to the Point of Beginning.
Tax Key Number: 488-0512-002
Said land being located at 2572 S. 76 St.
3. The applicant has proposed to occupy 2,475 square feet of commercial space at 2572 S. 76 St.
4. The intent of use for Christine Lutz, d/b/a Relaxations Spa and Salon, is to establish a salon and spa offering cuts, colors, perms, massages, facials, body wraps, waxing and a full service nail center.
5. The aforesaid premises is zoned C-3 Community Commercial District under the zoning ordinance of the City of West Allis, which permits the location of a spa as a special use, pursuant to Sec. 12.41(2) of the Revised Municipal code.
6. The property is serviced by all necessary public utilities.
7. The subject property is part of an area on the northeast corner of W. Beloit Rd. and S. 76 St., which is zoned for commercial purposes. All surrounding properties are developed as commercial.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Christine Lutz, d/b/a Relaxations Spa and Salon, to establish a day spa and salon within the existing building located at 2572 S. 76 St., 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 Section 12.16 and Section 12.41(2) 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 and floor plans approved by the City of West Allis Plan Commission on August 24, 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. Hours of Operation. The salon and spa facility will be open daily from 8:00 a.m. to 9:00 p.m.
3. Licenses and Permits. Subject to applicant obtaining all required State of Wisconsin licenses and permits.
4. 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.
5. Parking. Seven parking spaces to be provided on site, including one (1) ADA space. The Zoning Code requires 9 spaces.
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. Pagers, Intercoms. The use of outdoor pagers, intercoms, or loud speakers shall not be permitted on site.
8. 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.
9. Refuse Collection. Refuse collection to be provided by commercial hauler and stored within a four-sided enclosure large enough to accommodate all outdoor storage of refuse and recyclable containers.
10. Sidewalk Repair. The grant of this special use is subject to compliance with Policy No. 2806 of the Revised Municipal Code relative to the City's sidewalk improvement policy as it relates to damaged, abutting sidewalk.
11. Outdoor Lighting. All outdoor lighting fixtures shall be shielded in such a manner that no light splays from the property boundaries.
12. 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.
13. 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 and Zoning
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