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Public hearing and consideration of a request by Joanna Domagala, Kolbrook, for a Conditional Use Permit in the Neighborhood/Village Trade and North Avenue Overlay (C1/NOR) District at 6933 W. North Avenue for an eating establishment
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Submitted by:
Art Piñon
Department:
Development
A. Background/Options
The applicant is requesting approval of a Conditional Use Permit to operate a 2,300 square foot eating establishment (Wingstop) at 6933 W. North Avenue in the Neighborhood/Village Trade and North Avenue Overlay (C1/NOR) Zone. The proposed operating hours are 10:00 am to midnight, Monday through Sunday. All operations are proposed inside the building, no outdoor business activities are requested. Attached to this report are the project description and plans.
B. Staff Comments
Planning/Zoning Division
No additional vehicular parking is required as the eating establishment will be replacing a previous eating and drinking establishment.
Within the NOR zone, businesses are required to close at 11:00 pm and the applicant is proposing to close at 12:00 am. Per City Code, additional hours may be permitted with a Conditional Use Permit if the City finds that the times are reasonable and customary for that type of business; and the additional hours will not have a negative impact on adjacent residential, commercial or other properties. The applicant’s justification for extended operating hours is included with the submitted project description.
Thirty-four (34) public notification letters related to the public hearing and project were sent per City regulations.
Building Division
Applicant shall obtain applicable building permits. Final Occupancy inspection and approval required prior to occupancy.
City Assessor’s Office
Provide detailed costs of any alterations and/or new construction, as well as income & expense as requested by the Assessor's office
City Clerk’s Office
If applicable, applicant will need to apply for appropriate business licenses and/or permits.
Engineering Division
No issues.
Fire Department
No comments provided.
Health Department
Applicable license required.
Police Department
No comment provided.
C. Recommendation
Staff recommends approval subject to:
1. Establishing hours of operation.
2. If complaints are received regarding late night disturbances, noise, etc., the applicant must take corrective action to resolve those issues to the satisfaction of the Planning Manager. This includes but is not limited to modified business operating hours, operations, etc.
3. Providing detailed costs of any alterations and/or new construction, as well as income & expense as requested by the Assessor's office.
4. Applicant shall obtain applicable building permits. Final Occupancy inspection and approval required prior to occupancy.
5. Under WMC 24.16.040I., a Conditional Use will lapse and have no further effect one year after it is approved by the Common Council, unless a building permit has been issued (if required); the use or structure has been lawfully established; or unless a different lapse of approval period or point of expiration has been expressly established by the Common Council.
6. Obtaining other required licenses, permits, and approvals.