Title
Resolution relative to determination of a Transitional Use Applications for proposed expansion of the Pegasus Restaurant's commercial parking lot located at 7727 W. Greenfield Ave. to a vacant residential lot located at 14** S. 78 St.
(Tax Key Nos. 452-0052-002 and 452-0048-000)
Body
WHEREAS, Maltezos Konstantinos, d/b/a Pegasus Restaurant (formerly Mega Restaurant), duly filed with the City Administrative Officer-Clerk/Treasurer an application for a transitional use permit, pursuant to Sec. 12.36(2) of the Revised Municipal Code, for proposed expansion of the Pegasus Restaurant's commercial parking lot located at 7727 W. Greenfield Ave. to a vacant residential lot located at 14** S. 78 St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on
January 4, 2005, at 7:00 p.m., and in the Common Council Chamber 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, Maltezos Konstantinos, d/b/a Pegasus Restaurant (formerly Mega Restaurant), has offices on site at 7727 W. Greenfield Ave., West Allis, WI 53214.
2. The applicant owns the property at 7727 W. Greenfield Ave and at 14** S. 78 St., West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
All that land of the owner being located in the Northeast ¼ of Section 4, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin described as follows:
Lots 30, 31, 32, 33, 34, 35 and 36 in Block 2 of the Greenfield Heights Subdivision.
Said land being located at 7727 W. Greenfield Ave. and 14** S. 78 St.
TAX KEY NOS.: 452-0052-002 and 452-0048-000
3. The applicant is proposing to expand the existing commercial parking lot approximately 78 feet to the south of the existing building (measured from existing south building wall).
4. The 14** S. 78 St. site was previously developed as a two-family residence and was demolished.
5. The property at 7727 W. Greenfield Ave. is zoned C-2 Neighborhood Commercial District and RB-2 Residence District. The rear portion of the property immediately behind (south) of the building (approximately 33 feet) is zoned RB-2 Residence District and a Transitional Use Permit was approved under Resolution No. 26968 for parking under Section 12.36(2) of the Zoning Ordinance of the City of West Allis. The 14** S. 78 St. vacant lot is zoned RB-2 Residence District and the applicant is requesting that the transitional use be extended an additional 43 feet to construct a parking lot for restaurant patrons. A fifteen-foot wide landscaping bed will be added at the south side of the 14** S. 78 St. property to buffer the neighborhood.
6. The subject property is part of a block along the south side of W. Greenfield Ave. between S. 77 St. and S. 78 St., which is zoned for commercial purposes. Properties to the west and east are developed as commercial; properties to the south are developed as residential and the properties to the north are developed as State Fair Park and commercial.
7. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area as 15 additional off-street parking spaces will be provided for restaurant patrons. The existing alley access on the east side of the restaurant property will be redesigned to prevent right-hand turns out of the parking area to eliminate traffic into the residential neighborhood. All traffic exiting east from the parking area will be directed to W. Greenfield Ave.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of Maltezos Konstantinos, d/b/a Pegasus Restaurant (formerly Mega Restaurant) for a transitional use to expand the commercial parking lot located at 7727 W. Greenfield Ave. and
14** S. 78 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 Secs. 12.16 and 12.36(2) of the Revised Municipal Code, so as to permit the issuance of a special use permit and a transitional use permit as therein provided.
BE IT FURTHER RESOLVED that said special use permit and transitional use permit is granted subject to the following conditions:
1. Site, Landscaping, Screening, Signage and Architectural Plans. The grant of this transitional use permit is subject to and conditioned upon the site, landscape and screening plans approved by the City of West Allis Plan Commission on December 8, 2004, as provided in Sec. 12.13 of the Revised Municipal Code of the City of West Allis. No alteration or modification of the approved plan shall be permitted without approval by the Plan Commission.
2. Paving and Drainage. Paving and Drainage Plan being submitted to the Department of Building Inspections for approval.
3. Hours of Operation. The restaurant will be open 24 hours, seven days per week.
4. Off-Street Parking. Off-street parking for thirty-four (34) vehicles is required. Off-street parking for thirty-seven (37) vehicles will be provided on site (restaurant), which includes the transitional use area. An additional six (6) spaces are leased from State Fair Park, and
thirty-five (35) spaces are leased from the property immediately west of the Property for a total supply of 78 off-street parking stalls (37 on the Pegasus site and 41 off-site). In accordance with Sec. 12.19, a lease/agreement, subject to approval by the City Attorney's Office, for additional off-street commercial parking shall be provided. Said lot shall be located within 800 feet of premises. First-shift employees shall be required to park in the leased State Fair Parking lot spaces when space is available.
5. Litter. Employees shall inspect the site and immediate vicinity and pick up litter on a daily
basis.
6. Restaurant Operations. The restaurant will be utilized for sit-down dining for 280 patrons.
7. Refuse Collection. Refuse collection shall be provided by a commercial hauler.
8. Window Signage. Any building window signage shall not exceed twenty (20) percent of each window's area.
9. 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 the Fire Department.
Applicant is 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. 12.36(2) of the Revised Municipal Code; that the issuance of the transitional use is expressly subject to compliance with said conditions.
The grant of this transitional use shall become null and void within one year of the date thereof, unless construction is under way or the current owner possesses a valid building permit under which construction is commenced, within sixty (60) days of the date thereof and which shall not be renewed unless construction has commenced and is being diligently pursued. No extension of these time limitations will be permitted under any circumstances, including the applicant's failure to obtain other necessary building and zoning approvals.
The use, as granted herein, is subject to applicant's compliance with all other state and local laws and regulations which may be applicable to the proposed use of the real estate in question.
The transitional use, as granted herein, shall run with the land and benefit 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. 12.36(2) of the Revised Municipal Code.
Mailed to applicant on the
______day of_______________, 2005.
_______________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R488\jmg\1-4-05