File #: R-2004-0315    Version: 1
Type: Resolution Status: Adopted
File created: 11/3/2004 In control: Safety and Development Committee (INACTIVE)
On agenda: Final action: 11/3/2004
Title: Resolution relative to determination of Special Use Application to establish a Cold Stone Creamery restaurant within the Shoppes on 100 site located at 2935 S. 108 St.
Attachments: 1. 2004-0315, 2. R-2004-0315
Title

Resolution relative to determination of Special Use Application to establish a Cold Stone Creamery restaurant within the Shoppes on 100 site located at 2935 S. 108 St.

Body

WHEREAS, Sally and Douglas Unger, d/b/a Cold Stone Creamery, duly filed with the City Administrative Officer-Clerk/Treasurer an application for a special use permit, pursuant to Sec. 12.43(2) and Sec. 12.16 of the Revised Municipal Code, to establish a restaurant at 2935 S. 108 St. within the Shoppes on 100 building; and,

WHEREAS, after due notice, a public hearing was held by the Common Council on November 3, 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, Sally and Douglas Unger, d/b/a Cold Stone Creamery, reside at 684 Bradford Way, Hartland, WI 53029.

2. The applicants have a valid offer to lease space at 2935 S. 108 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:

All the land of the owner being located in the Southeast ΒΌ of Section 7, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, describes as follows:

Parcel 2 of Certified Survey Map No. 7469.

Tax Key No. 520-9965-026

Said land being located at 2935 S. 108 St.

3. The applicant is proposing to establish an ice cream shop within a portion of the retail space of Shoppes on 100 for dine-in and carry-out within the building. Outdoor dining use is also permitted on site, subject to Plan Commission and landlord approval.

4. The aforesaid premises is zoned C-4 Regional Commercial District under the Zoning Ordinance of the City of West Allis, which permits restaurants as a special use, pursuant to Sec. 12.43(2) and Sec. 12.16 of the Revised Municipal Code.

5. The subject property is part of a block along the west side ...

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