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File #: R-2019-0085    Version: 1
Type: Resolution Status: Adopted
File created: 2/5/2019 In control: Safety & Development Committee
On agenda: 2/5/2019 Final action: 2/5/2019
Title: Resolution relative to determination of Special Use Permit for a proposed butcher shop, which includes converting the existing mixed use building to commercial and expanding the existing building, to be located at 2079 S. 69 St.
Sponsors: Safety & Development Committee
Attachments: 1. R-2019-0085 signed
Related files: R-2018-0700, 2019-0031

Title

Resolution relative to determination of Special Use Permit for a proposed butcher shop, which includes converting the existing mixed use building to commercial and expanding the existing building, to be located at 2079 S. 69 St.

 

Body

WHEREAS, Mark Lutz, d/b/a Lutz Land Management, LLC, duly filed with the City Clerk an application for a Special Use Permit, pursuant to Sec. 12.16 and Sec. 12.41(2) of the Revised Municipal Code of the City of West Allis, to establish a butcher shop, which includes converting the existing mixed use building to commercial and expanding the existing building, at 2079 S. 69 St. and,

 

WHEREAS, after due notice, a public hearing was held by the Common Council on February 5, 2019 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, Mark Lutz, d/b/a Lutz Land Management, LLC, owns the property located at 2079 S. 69th St.

 

2.                     The proposed commercial space is approximately 2,471 sq. ft. and is to be located at 2079 S. 69th St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows, to-wit:

 

All the land of the owner being located in the Southwest ¼ of Section 3, Township 6 North, Range 21 East, in the City of West Allis, Milwaukee County, State of Wisconsin, described as follows:

 

Lot 20 in Block 5 of the of Wood Dale subdivision.

 

Tax Key No.  476-0085-000

 

Said land being located at 2079 S. 69th Street.

 

3.                     The applicant proposes to establish a butcher shop, which will provide fresh meats and cut to order meats (prime and dry aged), artisan meats and charcuterie, seasonings, spices, and cutlery. The butcher shop will offer outdoor seating in front of the premises on South 69th Street.

 

4.                     The aforesaid premise is zoned C-2 Neighborhood Commercial District under the Zoning Ordinance of the City of West Allis, which permits food production, limited, including delicatessens and meat markets, as a special use pursuant to Sec. 12.16 and Sec. 12.41(2) of the Revised Municipal Code.

 

5.                     The subject property is located on the northwest corner of S. 68 St. and W. Becher St., which is zoned for commercial purposes.  Properties to the north and south are developed for residential purposes.  Properties to the east and west are developed as mixed-use commercial and residential uses.

 

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 Mark Lutz, d/b/a Lutz Land Management, LLC, to establish a butcher shop, which includes converting the existing mixed use building to commercial and expanding the existing building, to be located at 2079 S. 69 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 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 January 23, 2019.  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, a total of eight (8) parking spaces are required for the entire property.  However, no parking is provided on site. 

 

The property is part of a traditional mixed-use commercial corridor that offers on-street parking

 

The Common Council has the authority to accept the revised parking provisions, as a condition of the Special Use. With the approval and signed execution of this resolution, the Common Council agrees to allow revised minimum parking requirements, in accordance with section 12.16(9)(a) of the Revised Municipal Code.

 

4.                     Hours of Operation.   The applicant has indicated expected business operations from 10:00am - 6:00pm Tuesday through Friday, 9:00am - 4:00pm Saturday, and 9:00am - 2:00pm Sunday. However, the space may also be utilized after hours to allow for informational evening classes. The grant of this Special Use Permit will allow the store to be open from 6:00am - 10:00pm, daily. 

 

5.                     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.

 

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.                     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.

 

8.                     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.

 

9.                     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.

 

10.                     Outdoor Lighting.  All outdoor lighting fixtures shall be shielded in such a manner that no light splays from the property boundaries. 

 

11.                     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.

 

12.                     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.

 

13.                     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.

 

14.                     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.

 

15.                     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.

 

16.                     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.

 

17.                     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.

 

 

____________________________________

Mark Lutz, d/b/a Lutz Land Management, property owner

 

 

 

 

 

Mailed to applicant on the

______day of ____________, 2019

 

________________________________________

City Clerk

 

cc:  Dept. of Development

       Dept. of Building Inspections and Zoning

       Div. of Planning

 

ZON-R-1161-2-5-19