ORDINANCE NO. 2381

                                                By:

AN ORDINANCE TO APPROVE A REZONING OF A PORTION OF THE PROPERTY AT 6508 south howell avenue from b-2, community business to b-4, highway business with a conditional use permit for a contractor’s shop with no outdoor storage.

(1st Aldermanic District)

WHEREAS, Alvin and Elaine Stramowski have requested that the property at 6508 South Howell Avenue be rezoned from B-2, Community Business to B-4, Highway Business, and

            WHEREAS, Alvin and Elaine Stramowski have also requested that a conditional use permit be authorized to allow a contractor’s shop with no outdoor storage on this property, and

            WHEREAS, this property is more precisely described as follows:

The Westerly 611.78 feet of the North 8 acres of the Southwest 1/4 of the Northwest 1/4 of Section 4, Town 5 North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin, excepting the West 60 feet for street purposes.  Contains 3.72 acres, and

            WHEREAS, the Plan Commission reviewed the applications and recommended that the rezoning be approved and the Conditional Use Permit be authorized and issued; and

            WHEREAS, the Common Council held a public hearing on said applications on November 15, 2005, at which time all interested parties appeared and were heard; and

            WHEREAS, following said public hearing the Common Council is of the opinion that the best interests of the City would be served if the Conditional Use Permit was approved and authorized for the lands hereinabove described, subject, however, to the imposition of certain conditions and restrictions on the design, construction, location and operation of the Conditional Use.

            NOW, THEREFORE, the Common Council of the City of Oak Creek does hereby ordain as follows:

SECTION 1: To promote the general welfare, public safety and general planning within the City of Oak Creek, the lands hereinabove described are hereby rezoned from B-2, Community Business to B-4, Highway Business, and the Zoning Map of Chapter 17 of the Municipal Code is hereby amended to reflect the rezoning.

SECTION 2: To promote the general welfare, public safety and general planning within the City of Oak Creek, the Building Commissioner is hereby authorized to issue a Conditional Use Permit for a contractor’s shop with no outdoor storage, which shall include the aforementioned conditions and restrictions.

SECTION 3: The Conditional Use is subject to the aforementioned conditions and restrictions on the design, location, construction and operation of the M-1 Conditional Use for a contractor’s shop with no outdoor storage.

SECTION 4: All ordinances or parts of ordinances and Zoning District Maps made a part of Chapter 17 of the Municipal Code of the City of Oak Creek in conflict herewith are hereby repealed.

SECTION 5: The several sections of this ordinance are declared to be severable. If any section shall be declared, by a decision of a court of competent jurisdiction, to be invalid, such decision shall not affect the validity of other provisions of this ordinance.

SECTION 6: The approval and authorization of the issuance of a Conditional Use Permit for a contractor’s shop with no outdoor storage shall take place contemporaneously with the enactment of this ordinance and shall take effect immediately upon its passage and publication.

                        Passed and adopted this  ____ day of ____________, 2005.

                                                                        ________________________________

                                                                        President, Common Council

Approved this ___ day of ____________________, 2005

                                                ________________________________

                                                                        Mayor

ATTEST:

_____________________________  VOTE: Ayes _________  Noes ________

City Clerk