City of Oak Creek

Common Council Report

Meeting Date:           June 3, 2003

Item No.:         16

Recommendation:  That the Council not adopt Resolution No. 10245-060303 approving a certified survey map for the properties at 3240 E. Woodview Avenue and 9330 S. 15th Avenue.

Background:  Emil and Sandra Kling are requesting Commission approval of a certified survey map that would subdivide a 12,001 square foot parcel from the 3.04 acre property at 9330 S. 15th Avenue.  Also as part of this land division, the property at 3240 E. Woodview Avenue would be increased in size from 12,746 square feet to 25,495 square feet.

These properties are zoned Rs-3, Single Family Residential.  Properties within the Rs-3 zoning district must now be a minimum of 12,000 square feet in area with a minimum lot width of 80 feet.  These parcels meet that minimum.

This certified survey map illustrates a previously reserved 60 foot right-of-way running through the property from north to south.  However the City’s official map does not illustrate any extension to Carol Court in this location.  The Plan Commission had recommended that this reservation be removed from the certified survey map, since there are no plans by the City to have a road in this location.  However the property owners have objected to the removal of this reservation.  In any case, the City will not accept dedication of this reservation.  Instead the Plan Commission requested the Klings to prepare an easement giving them the right to use the existing driveway access on Parcel 1.  Although a draft of such an easement has been submitted to staff, it has not been drafted on the certified survey map.

There are wetlands that were identified as part of this map.  They are in the northwest corner of the property, and do not appear to affect the areas being subdivided.  However the City has received correspondence from the DNR indicating that they would like to receive a more recent delineation of that wetland, since that shown on the CSM was over five years old and actually never was surveyed.  Based on this, the Plan Commission made that one of the conditions of their recommendation for approval.  The Klings have verbally requested the City to contact SEWRPC to delineate the wetlands.  However they (the Klings) have indicated that they do not wish to wait to record the CSM.  They have requested an opportunity to present their case to the Common Council.

In the course of the Commission’s review of this CSM there were concerns expressed regarding past unauthorized landfilling activities.  Staff researched the topographic maps from 1969 and 1999.  It was concluded that, while there may have been landfilling activity, it did not materially impact the floodplain in the area. 

Staff is not recommending that the Council approve this certified survey map at this time because the conditions set forth by the Plan Commission have not been met.

Fiscal Impact:  Recent data has suggested that any homes constructed on the newly created parcel would need to have an assessed value in excess of $249,577 in order to generate revenues equal to costs.

Prepared by: Douglas W. Seymour, AICP Director of Community Development	Respectfully submitted, Robert L. Kufrin City Administrator
Fiscal Review by: Beverly A. Buretta, CMC City Clerk

File name: T:\Shared\Resolutions\10245 (Report) CSM - Kling.Doc

Print Date: 5/29/2003 9:38 AM

Revision No. 1