ORDINANCE NO. 23962414

 

By:                                                         

 

AN ORDINANCE TO APPROVE AN AMENDMENT TO A conditional use PERMIT for a portion of the propertyY AT 6930 S. 6TH STREET atFOR INFLAMMABLE GAS AND LIQUIDS STORAGE IN EXCESS OF 5000 GALLONS AS AN ACCESSORY USE

1075 W. NORTHBRANCH DRIVE FOR AN ANIMAL BOARDING KENNEL

 

(1st 1st Aldermanic District)

 

            WHEREAS, SUE ANN MC COTTERAIROLDI BROTHERS, INC. has requested that the existing conditional use permit for cartage and express facilities  for the property at 6930 S. 6th Street a conditional use permit bebe amended  authorized to allow for the use of a portion of the property at 1075 W. Northbranch Drive for an animal boarding facilityinflammable gas and liquids storage in excess of 5000 gallons as an accessory use, and

 

            WHEREAS, these this propertyies are is more precisely described as follows:

 

All of Parcel 2 of CSM No. 5303 located in the Southeast ¼ of Section 5-5-22 containing 8.098 acres.

 

Parcel 3 of Certified Survey Map 2385, being in the Southwest 1/4 of Section 5, Town 5 North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin, and

 

            WHEREAS, the Plan Commission reviewed the applications and recommended that the amendment to the Conditional Use Permit be authorized and issued subject, however, to the imposition of certain conditions and restrictions on the design, construction, location and operation of the Conditional Use; and

 

            WHEREAS, the Common Council held a public hearing on said applications on March 21June 20, 2006, 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 andamended 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 Building Commissioner is hereby authorized to issue a Conditional Use Permit for inflammable gas and liquids storage in excess of 5000 gallons as an accessory use an animal boarding kennel, which shall include the aforementioned conditions and restrictions.

 

            SECTION 2: The Conditional Use is subject to the aforementioned conditions and restrictions on the design, location, construction and operation of the M-1M-1, Manufacturing Conditional Use for inflammable gas and liquids storage in excess of 5000 gallons as an accessory usean animal boarding kennel.

 

            SECTION 43: 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 54: 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 65: The approval and authorization of the issuance of a Conditional Use Permit for inflammable gas and liquids storage in excess of 5000 gallons as an accessory usefor a  animal boarding kennel 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 ____________, 2006.

 

                                                                        ________________________________                                                               

                                                                        President, Common Council

 

Approved this ___ day of ____________________, 2006

 

                                                ________________________________

                                                                        Mayor

 

ATTEST:

 

 

_____________________________  VOTE: Ayes _________  Noes ________

City Clerk