City of Oak Creek

Common Council Report

Meeting Date: October 5, 2004

Item No.:         9

Recommendation:  That the Common Council adopt Resolution No. 10410-100504, a resolution authorizing a temporary variance from Sections 13.100 through 13.114 of the Municipal Code allowing the Oak Creek-Franklin School District to begin site grading and building construction for the Deerfield Elementary School prior to the approval of a storm water management plan (5^th Aldermanic District).

Background: The proposed Deerfield Elementary School site is located on previously City-owned land between Willowbrook Subdivision and the proposed Emerald Meadows Addition No. 1 Subdivision.  The proposed site will drain to both subdivisions.  The portion of the site draining to the Northwest was incorporated into the previously approved storm water management plan for the Willowbrook subdivision. The portion of the site draining to the South will be incorporated into the Emerald Meadows Addition No. 1 storm water management plan.

The Oak Creek-Franklin School District is appealing to the Common Council under Section 13.113 of the Municipal Code to allow them to proceed with site grading and building construction for the new Deerfield School prior to approval of a storm water management plan for the southern portion of the site.  Section 13.113(a) allows appeals to be heard and decided by the Council where the applicant maintains owing to special conditions, a literal enforcement of the ordinance will result in unnecessary hardship or practical difficulty.  Section 13.113(b) allows the Council to authorize variances from the provisions of the storm water ordinance that are not contrary to the public interest and intent of the ordinance.

Construction of the new Deerfield School is on a fast track schedule for an anticipated opening of August, 2005.  Construction needs to proceed without delay to complete the school prior to the start of the next school year.  The Engineering Department has approved the grading and erosion control plans for the Deerfield School, however, the storm water management plan for the school site is included in the proposed Emerald Meadows Addition No. 1 subdivision.  Due to the complexity of the Emerald Meadows Addition No. 1 site and the later than anticipated approval of the Emerald Meadows Addition No. 1 preliminary plat, the storm water management plan will not be completed in time without jeopardizing the School District’s schedule.  The School District requests that the Council consider their appeal and authorize a variance to allow them to proceed with site grading and building construction for the Deerfield School with the condition that no occupancy permit will be granted for the school until a storm water management plan is approved and the required storm water management practices serving the school are in place.

Fiscal Impact:  None

Prepared by: Philip J. Beiermeister, P.E. Environmental Design Engineer	Respectfully submitted, Barbara S. Blumenfield, Ph.D City Administrator
Approved by: Wayne St. John, P.E. Director of Public Works
Fiscal review by: Beverly A. Buretta, CMC City Clerk

T:\Shared\WPFILES\CCREPORT\Deerfield School SWM Variance.doc

RESOLUTION NO. 10410-100504

BY: ____________________________________

RESOLUTION GRANTING A TEMPORARY VARIANCE FROM SECTION 13.100 THROUGH 13.114 OF THE MUNICIPAL CODE FOR THE DEERFIELD ELEMENTARY SCHOOL SITE LOCATED AT 10511R S. CHICAGO ROAD

(TAX KEY NO. 962-9011)

(5^TH ALDERMANIC DISTRICT)

WHEREAS, the Oak Creek-Franklin School Board maintains that a literal enforcement of the Section 13.100 through 13.114 of the Oak Creek Municipal Code will result in unnecessary hardship and practical difficulty in maintaining their fast-track schedule for the Deerfield Elementary School opening, and

WHEREAS, the Oak Creek-Franklin School Board is appealing for a temporary variance under Section 13.113 of the Oak Creek Municipal Code, and

WHEREAS, in the judgment of the Common Council of the City of Oak Creek, it is deemed to be expedient and necessary and in the public interest of the City to consider this appeal, and

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oak Creek as follows:

1. That the Oak Creek-Franklin School District be granted a temporary variance for the Deerfield Elementary School site to allow site grading and building construction prior to the approval of a storm water management plan.

2. That the temporary variance shall expire once the site has an approved storm water management plan and the required storm water management practices are constructed.

3. That no occupancy permit be granted for the school until a storm water management plan is approved and the required storm water management practices are in place to serve the Deerfield Elementary School site.

                                                                                                            Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 5^th day of October, 2004.

                                                                                                            Passed and adopted this 5^th day of October, 2004.

                                                                                                ________________________________

                                                                                                Common Council President

            Approved this 5^th day of October 2004.

                                                                                                ________________________________

                                                                                                Mayor

ATTEST:

________________________________                    VOTE:   Ayes _____   Noes _____

City Clerk

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