City of Oak Creek

Common Council Report

Meeting Date:  March 16, 2004

Item No.:9

Recommendation:  That the Common Council approve Ordinance No. 2299, to repeal and recreate section 14.120(c)(2) of the Municipal Code relating to general street design standards and to create section 14.122(a)(2) relating to the size and shape of lots for certified survey maps and plats.

Background:  As the City continues to develop and large open tracts of land diminish, new development will be moving to smaller parcels surrounded by more and more existing structures.  This close proximity of new to old will create more and more conflict, and the conflict will become more intense.  One type of such conflict is that a new development transforms an existing conforming structure on an adjoining parcel into a nonconforming structure because of the location of a road in the new development.  A legal opinion prepared by the City Attorney indicates that the Council, in many cases, lacks the authority to reject a CSM or plat which results in the above stated conflict.

The City Attorney has prepared an ordinance change that would give the Council discretionary authority to not approve such a CSM or plat.  An additional change may be needed to address approvals of preliminary plats.

Fiscal Impact:  None.

                                                Respectfully submitted,

Wayne St. John, P.E.

                                    City Engineer

Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk

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