ORDINANCE NO. 2411

By:

AN ORDINANCE TO APPROVE AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW FOR THE DISPLAY AND SALE OF TRAILERS AND THE RENTAL OF MOVING TRUCKS FOR A PORTION OF THE PROPERTY  AT 7575 S. HOWELL AVENUE

 (1st Aldermanic District)

WHEREAS, on August 20, 2002 the Common Council adopted Ordinance No. 2210, approving a rezoning from B-4, Highway Business to M-1 Manufacturing and authorizing the issuance of a conditional use permit for outdoor storage for the property at

7575 S. Howell Avenue; and

            WHEREAS, Howell Avenue Holdings, LLC had applied for an amendment to that existing Conditional Use Permit for recreational vehicle service for a portion of the property located at 7571 S. Howell Avenue to include the display and sale of trailers and the rental of moving trucks; and

            WHEREAS, this property is more precisely described as follows:

All of Parcel 2 of Certified Survey Map No. 4362, excepting the east 475 feet.  Said property  lying in the Southeast 1/4 of Section 8, Town 5 North, Range 22 East, City of Oak Creek, Milwaukee County, Wisconsin

            WHEREAS, the Plan Commission reviewed the request and recommended that the amendment to the Conditional Use Permit be approved; and

            WHEREAS, the Common Council held a public hearing on said request on June 6, 2006, at which time all interested parties appeared and were heard; and

            WHEREAS, the Plan Commission had recommended that the application for amendment of the Conditional Use Permit be approved and authorized subject, however, to the imposition of certain conditions and restrictions upon the construction, location and operation of this Conditional Use and which conditions and restrictions are incorporated by reference into the Conditional Use Permit; and

            WHEREAS, following said public hearing and upon recommendation of approval of the Plan Commission, the Common Council is of the opinion that the best interests of the City would be served if the amendment to 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 Building Commissioner is hereby authorized to amend the Conditional Use Permit for the storage of recreational vehicles, trailers and equipment in the M-1, Manufacturing District to include the display and sale of trailers and the rental of moving trucks , 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-1 Conditional Use for the storage of recreational vehicles, trailers and equipment and the display and sale of trailers and rental of moving trucks.

SECTION 3: 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 4: 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 effect the validity of other provisions of this ordinance.

SECTION 5: The amendment of the Conditional Use Permit shall take place contemporaneously with the enactment of this ordinance and shall take effect immediately upon its passage and publication.

            Introduced this 6th day of June, 2006.

            Passed and adopted this 6th day of June, 2006.

                                                                        ________________________________

                                                                        President, Common Council

Approved this 6th day of June, 2006.

                                                ________________________________

                                                                        Mayor

ATTEST:

                  VOTE: Ayes  Noes  ______                    

City Clerk