ORDINANCE NO. 2353

                                                By:

AN ORDINANCE TO APPROVE A REZONING OF A PORTION OF THE PROPERTY LOCATED AT 9160 SOUTH PENNSYLVANIA AVENUE FROM M-1, MANUFACTURING TO B-3, OFFICE AND PROFESSIONAL BUSINESS

(3rd Aldermanic District)

            WHEREAS, the Cary and Lori Schmidt have applied for a rezoning from M-1, Manufacturing to B-3, Office and Professional Business, for portions of the property at 9160 South Pennsylvania Avenue; and

            WHEREAS, the boundaries of the proposed rezoning are more precisely described as follows: 

That part of the Northwest ¼ of the Southeast ¼ of Section 22, Township 5 North, Range 22 East, in the City of Oak Creek, County of Milwaukee, State of Wisconsin, bounded and described as follows:

Commencing at the Northwest corner of said Southeast ¼ Section; thence S00º25’03”W, along the West line of Said ¼ Section 332.09 feet; thence N89º25’46”E, 42.65 feet to the point of beginning of the lands to be described; thence continuing N89º25’46”E, 757.35 feet; thence S00º26’36”W, 125.29 feet; thence S88º56’31”W, 757.43 feet; thence N00º25’03”E, and parallel with the West line of said ¼ Section, 131.73 feet to the Point of Beginning.

WHEREAS, the Plan Commission reviewed the application and recommended that the rezoning be approved; and

            WHEREAS, the Common Council held a public hearing on said application on May 17, 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 rezoning was approved; and

            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 as described and the Zoning Map of Chapter 17 of the Municipal Code is hereby amended to reflect the rezoning.

SECTION 2: 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District Maps made a part of Chapter 17 of the Municipal Code of the City of Oak Creek in conflict herewith are hereby repealed.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 3: 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 5: The rezoning shall take place contemporaneously with the enactment of this ordinance and shall take effect immediately upon its passage and publication.

                        Passed and adopted this 17th day of May 2005.

                                                                        ________________________________

                                                                        President, Common Council

Approved this 17th day of May 2005.

                                                ________________________________

                                                                        Mayor

ATTEST:

_____________________________              VOTE: Ayes _________  Noes ________

City Clerk