Title
Resolution relative to determination of Application for Special Use Permit for an outdoor extension of premise at the existing bar located at 7127 W. National Ave.
Body
WHEREAS, Eric Millard, applicant, d/b/a Red, White and Brews, LLC, an existing tavern use, duly filed with the City Clerk an application for a Special Use Permit, pursuant to Sec. 12.41(2) and Sec. 12.16 of the Revised Municipal Code, to establish an outdoor extension of licensed premise at the existing bar located at 7127 W. National Ave.; and,
WHEREAS, the property is regulated by a special use adopted by the Common Council on September 1, 2015 (R-2015-0173, for a previous tavern operation called the Bottom’s Up Pub); and said resolution does not grant outdoor extension of licensed premise.
WHEREAS, recent City street capital improvements along the W. National Ave. corridor have inspired the applicant’s request to amend special use resolution/R-2015-0173 and thereby request an outdoor area for licensed extension of premise at the subject property.
WHEREAS, after due notice, a public hearing was held by the Common Council on July 16, 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, Eric Millard, owns and manages the premise at 7127-29 W. National Ave.
2. The applicant owns the property at 7127-29 W. National 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 3, Township 6 North, Range 21 East, in the City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
Lot 7 in Block 5 of the Gross West Allis Addition subdivision.
Tax Key No. 453-0612-000
Said land is located at 7127-29 W. National Ave.
3. The applicant is proposing to establish an outdoor extension of premise on the property. The existing premise consists, an 800 sq. ft. tavern with an existing second floor residential unit.
4. The aforesaid premises is zoned C-2 Neighborhood Commercial District under the Zoning Ordinance of the City of West Allis, which permits taverns as a special use, pursuant to Sec. 12.41(2), and Sec. 12.16 of the Revised Municipal Code.
5. The subject property is located along the south side of W. National Ave. between S. 72 St. and S. 71 St. Properties to the south are zoned and used for single and two-family residential. Properties to the north, east and west are zoned and used for neighborhood commercial and residential uses.
6. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Eric Millard, applicant, d/b/a Red, White and Brews, LLC, an existing tavern use, be, and is hereby granted and outdoor extension of premise 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. 12.41(2), and Sec. 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 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. No alteration or modification of the approved plan shall be permitted without approval.
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. Operations. The grant of this special use is subject to the following operational requirements:
A. Subject to necessary licensing requirements.
B. Public nuisances affecting health, welfare, and enjoyment of property are prohibited (in accordance with Chapter 18 of the Revised Municipal Code).
C. 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. Compliance with section 7.035 of the Revised Municipal Code.
4. Hours of Operation. The hours of operation for the tavern are from 10:00 a.m. to State Mandated closing time seven (7) days per week.
The applicant volunteers that the outdoor extensions of premise hours of operation shall be between 10am and 10pm daily, seven (7) days per week.
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. Off-Street Parking. A total of seven (7) parking spaces are required on site and up to two (2) are provided on site, in addition to off-street parking on both W. National Ave. and S. 72 St.
7. Deliveries and Refuse Collection. All Refuse collection to be provided by commercial hauler and stored within a four-sided enclosure large enough for all outdoor storage of refuse and recyclable containers as approved by the Department of Development.
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 are residents that live within the 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 10:00 p.m. and 7:00 a.m.
8. 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.
9. Monitoring. The area shall be adequately monitored by staff.
10. Window Signage. Any building window signage shall not exceed twenty (20) percent of each window’s area and located on the interior of the window.
11. Outdoor Lighting. All outdoor lighting fixtures shall be shielded in such a manner that no light splays from the property boundaries.
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. 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.
14. 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.
15. 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.
16. 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.
17. 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, the special use may be terminated.
18. Acknowledgement. That the applicants sign 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.
_____________________________________________
Eric Millard, d/b/a Red, White and Brews, LLC
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-1191-7-16-19