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Resolution relative to determination of Special Use Application submitted by Konstantino Maltezos, d/b/a Pegasus Restaurant (formerly Mega Restaurant), located at 7727 W. Greenfield Ave., to extend hours of operation to 24 hours and to utilize parking lots at 7801-03-19 W. Greenfield Ave. and 14** S. 78 St.
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WHEREAS, Konstantino Maltezos, d/b/a Pegasus Restaurant (formerly Mega Restaurant), duly filed with the City Administrative Officer-Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.41(2) and Sec. 12.16 of the Revised Municipal Code, to extend the hours of operation to 24 hours daily and to utilize parking lots on the west side of S. 78 St., located at 7801-03-19 W. Greenfield Ave. and 14** S. 78 St.; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on February 18, 2004, at 7:00 p.m. 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, Konstantino Maltezos, resides at 3643 Red Oak Ct., Hubertus, WI 53033.
2. The applicant, Konstantino Maltezos, owns the property at 7727 W. Greenfield Ave., 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 describes as follows:
Lots 32, 33, 34, 35 and 36 in Block 2 of the Greenfield Heights Subdivision.
Tax Key No. 452-0052-002 (7727 W. Greenfield Ave.)
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 describes as follows:
Lots 1, 2, 3 and 4 in Block 1 of the Assessors Plat No. 259, and Lots 1, 2 and 3 in the Block 1 of the Robert's Subdivision No. 1.
Tax Key No. 452-0566-000 and 452-0567-000 (7801-03 West Greenfield Avenue and 14** South 78 Street)
Said land being located at 7727 W. Greenfield Ave. , 7801-03-19 W. Greenfield Ave. and 14** S. 78 St.
3. The applicant is requesting to amend the hours of operation to 24 hours daily for the restaurant. Additionally, the existing parking lots west of S. 78 St. will be improved and utilized for patron parking. The owner requests amended hours of operation.
4. The aforesaid premises is zoned C-2 Neighborhood Commercial District under the zoning ordinance of the City of West Allis, which permits the location of a restaurant as a special use, pursuant to Sec. 12.41(2) of the Revised Municipal Code.
5. The property is serviced by all necessary public utilities.
6. The subject property is part of a block between S. 76 St. and S. 79 St. on the south side of W. Greenfield Ave., which is zoned for commercial purposes. Properties to the north are developed as commercial and the Wisconsin State Fairgrounds, properties to the south are developed for residential and properties to the east and west for commercial.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that Konstantino Maltezos, d/b/a Pegasus Restaurant, be and is hereby granted a special use for the proposed extension hereinabove described 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 and Section 12.41(2) 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, landscape, and screening and architectural plans approved by the City of West Allis Plan Commission on January 28, 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. Hours of Operation. Hours of operation to be seven days a week, 24 hours daily.
3. Refuse Collection. Refuse collection will be done by a commercial hauler.
4. Building Plans and Fire Codes. The grant of this Special Use Permit is subject to building plans being submitted to and approved by the Department of Building Inspection and Zoning and by the Fire Department.
5. Seating Capacity. The restaurant will be utilized for sit-down dining for 280 patrons.
6. Litter. Employees shall inspect the restaurant, the parking lot sites and the immediate vicinity and pick up litter on a daily basis.
7. 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.
8. Window Signage. Window signage shall not exceed twenty (20) percent of the glazed portion of each window frame.
9. Pagers/Intercoms. The use of outdoor pagers, intercoms or loudspeakers shall not be permitted on site.
10. Parking Requirements. A minimum of 34 stalls shall be provided for the restaurant. Off-street parking for 23 vehicles will be provided on site (restaurant). An additional 14 stalls will be provided within the existing parking lots located at 7801-03-19 W. Greenfield Ave. and 14** S. 78 St.
11. Easements. The grant of this special use is conditioned upon necessary cross easement documentation being on file in the Building Inspections Dept.
12. Paving and Drainage. The grant of this special use is subject to necessary site paving and drainage plans(s) being submitted to the Building Inspections Dept.
13. Signage. The grant of this special use is subject to all signage and lighting plans being submitted to the Plan Commission for approval. The existing pole sign on W. Greenfield Ave. at the 7727 W. Greenfield Ave. site shall be removed by August, 2004.
Applicant is advised that the foregoing conditions are reasonably necessary to protect the public interest and 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.
The grant of this special 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 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.
Mailed to applicant on the
__________day of _____________ 2004
________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning
ZON-R-413\2-18-04\jmg