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Resolution relative to determination of Special Use Permit for an outdoor extension of premise at Kegel's Inn, an existing restaurant located at 59** and 5901 W. National Ave.
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WHEREAS, Julian Lukic-Kegel, d/b/a Kegel’s LLC., duly filed with the City Clerk an application for a Special Use Permit, pursuant to Sec. 12.16 and Sec. 12.42(2) of the Revised Municipal Code of the City of West Allis, for an outdoor extension of premise at Kegel's Inn, an existing restaurant located at 59** and 5901 W. National Ave.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on May 15, 2018 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. Julian Lukic-Kegel, d/b/a Kegel’s LLC, who operates the restaurant located at 5901 W. National Ave., West Allis, WI 53214.
2. The property, which is owned by Robert B. Kegel Trust, who resides at 4067 S. 54 St., Milwaukee, WI, 53220, Milwaukee County, Wisconsin, more particularly described as follows, to-wit:
All the land of the owner being located in the Southwest ¼ of Section 35, Township 7 North, Range 21 East, City of West Allis, Milwaukee County, Wisconsin, described as follows:
Lots 1 and 2 in Block 1 of the Hinkley’s Subdivision No. 1.
Tax Key No’s. 438-0393-000 and 438-0394-000
Said land being located at 59** W. National Ave. and 5901 W. National Ave.
3. The aforesaid premise is zoned C-3 Community Commercial District under the Zoning Ordinance of the City of West Allis, which permits restaurants with outdoor dining as a special use, pursuant to Sec. 12.16 and Sec. 12.42(2) of the Revised Municipal Code.
4. The applicant is applying for a Special Use Permit to allow outdoor dining at Kegel’s Inn along the sidewalk of S. 59 St. The outdoor area would be operated from 10 am - 10 pm, seven days a week. The furniture would be required to be taken inside and/or secured at night, and removed during the off-season. Kegel’s Inn operates a tavern and restaurant with a full menu within a mixed use building (commercial and 5 residential units).
5. The subject property is located on the southwest corner of W. National Ave. and S. 59 St. Properties to the north are zoned and developed for commercial and residential purposes. Properties to the south are zoned and used for commercial and residential purposes. Properties to the west are zoned and used for commercial purposes and properties to the east are zoned and used for residential and commercial purposes.
6. 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 submitted by, Julian Lukic-Kegel, d/b/a Kegel’s LLC., for an outdoor extension of premise at Kegel's Inn, an existing restaurant located at 59** and 5901 W. National Ave.
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.
NOW, THEREFORE 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, Landscaping, Screening and Architectural Plans approved by the West Allis Plan Commission on April 25, 2018. No alterations or modification to the approved plan shall be permitted without approval by the West Allis Plan Commission.
2. Building Plans, Fire Codes and Licenses. The grant of this special use is subject to building plans being submitted to and approved by the Department of Building Inspections and Neighborhood Services and by the Fire Department. Any applicable licenses shall be applied for and approved. Seating capacity shall be in accordance with limits of occupancy load calculations as approved by Building Inspection and Fire Departments.
3. Off-Street Parking. In accordance with Sec. 12.19 of the Revised Municipal Code, twenty-seven (27) parking spaces shall be provided on-site, including 1 ADA space. Sixteen (16) parking spaces will be provided.
The Common Council agrees to waive the minimum parking requirements in accordance with Sec. 12.16(9)(a) of the Revised Municipal Code.
4. Hours of Operation. The terms of the Special Use Permit shall allow operations for the outdoor dining area to take place from 9:00 am to 10:00 pm, daily.
Hours of operation for the tavern/restaurant will be allowed from 6:00 am to the state mandated regulation closing time.
5. Grant of Privilege. The special use is conditioned upon a Grant of Privilege being applied for and approved by the City Engineer to provide a Minor Encroachment for table and chairs in the City Right of Way. Any such area approved in the Grant of Privilege is subject to the terms and conditions set forth herein.
6. Operations:
A. The establishment is granted an outdoor dining area on site in accordance with the approved site plan.
B. Excessive odors from cooking on premises shall not emanate from the building.
C. Excessive noise and vibrations shall not emanate from the building.
D. Employees shall inspect the site and immediate vicinity and pick up litter on a daily basis.
E. Exterior pest control shall be contracted on a monthly basis.
F. Special events to be authorized by the Common Council.
G. A food establishment under RMC Section 7.04.
7. Refuse Collection. To be provided by a commercial hauler. If stored outside, all refuse, recyclables and other waste material shall be screened from view within an approved enclosure to match or complement the building per the approved plans.
8. Window Signage. Window signage shall not exceed twenty (20) percent of the glazed portion of each window frame and be attached to the interior of the window area. No flashing window signage.
9. 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.
10. 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.
11. Deliveries and Refuse Pickup. All refuse to be provided by a commercial hauler. All refuse, recyclables and other waste material shall be screened from view within a four-sided enclosure or as approved by the Department of Development to match the building. All tenants of the property will be required to abide by the City of West Allis health/public nuisance rules per Chapter 7 of the Revised Municipal Code. Because there is a residential neighborhood adjacent to the site, delivery operations and refuse pick up shall only be permitted during daytime hours. These functions shall not be permitted between the hours of 9:00 p.m. and 7:00 a.m.
12. 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, (if any) abutting sidewalk.
13. Outdoor Lighting. All outdoor lighting fixtures shall be shielded in such a manner that no light splays from the property boundaries.
14. Noxious Odors, Etc. The restaurant shall not emit foul, offensive, noxious or disagreeable odors, gases or effluvia into the air. Mechanical systems shall be maintained to efficiently remove noxious odors.
15. Pollution. The use shall not cause any noxious or unwholesome liquid or substance or any dirt, mud, sand, gravel, or stone refuse or other materials to be deposited upon any public right of way or flow into any sanitary sewer, storm sewer, or water supply system, or onto adjacent properties.
16. 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.
17. 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.
18. Lapse. If the applicant does not meet all of the terms and conditions set forth in this grant of a special use within one year of the granting thereof, then the Special Use Permit shall lapse and become null and void and the applicant shall forfeit any right to use the property as conferred by the Special Use Permit. The failure of the applicant to meet the terms and conditions of the Special Use Permit shall subject the permit to being declared void by the Common Council after notice to the applicant and a hearing before the Safety and Development Committee. Upon a finding and recommendation by the Committee to the Common Council on the matter, the applicant and/or any interested person may make comments regarding the matter to the Common Council prior to the Common Council’s next regular meeting following the recommendation. Upon the Common Council’s finding that the Special Use Permit has lapsed and become void, the applicant shall cease all operations at the property.
19. Termination of Special Use. If the person or entity granted the special use violates, allows or
suffers the violation of the ordinances of the City of West Allis, the State of Wisconsin or the United States on the premises covered by the special use, then the special use may be terminated.
20. Acknowledgement. That the applicant signs an acknowledgment that he has received these terms and conditions and will abide by them.
The undersigned applicant agrees to the terms and conditions and has agreed that the grant of the Special Use Permit is conditioned on meeting the terms and conditions of this resolution.
_______________________________________
Robert Kegel, Owner
_______________________________________
Julian Lukic-Kegel, applicant, Kegel’s LLC.
Mailed to applicant on the
______day of ____________, 2018
________________________________________
City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-1140-5-15-18