City of Oak Creek

Common Council Report

Meeting Date: May 1, 2007

Item No.:   19

Recommendation:  That the Council not adopt Resolution No. 10761-050107 approving the certified survey map for the properties at 9143, 9147, and 9155 S. 5^th Avenue.

Background:  At the November 14, 2006 meeting the Plan Commission was presented with a certified survey map for these properties (copy included with report) that would have combined the three (3) existing non-conforming parcels to create one single-family parcel and expand the area of an existing single-family parcel located to the south by selling them a 20-foot wide strip of land.  At that meeting the Plan Commission held the item and directed the applicant to work with staff to look at some alternatives for this land. 

The applicant has worked with staff to come up with a new CSM that would combine the three (3) 30’ x 117’ (3,509 square feet) parcels into two (2) larger 45’ x  117’ (5,265 square feet) lots.  The applicant has also provided a photograph (included) that shows the style of house that he intends to construct on these properties.

The zoning ordinance section 17.0904 states that “Less than sixty-five (65) feet wide or less than 8,000 square feet in area and abutting lands are in the same ownership, in which event the lot and the abutting lands must be combined prior to the issuance of a building permit. The combining of lands must result in a lot which is as close to the dimensional requirements of sixty-five (65) feet wide and 8,000 square feet in area as is practicable in the judgment of the Common Council.”   At the November 14, 2006 meeting an e-mail from the City Attorney (copy enclosed) stated that the lot should be at least 75 feet wide and 10,000 square feet since they do have the land to meet the Rs-4 zoning requirements.  However, he noted that the Common Council does have the authority to grant a variation to allow a smaller lot.  

Staff has thoroughly reviewed this proposal and believes that the Plan Commission and Common Council should grant this variation for several reasons.  First, the proposed lot sizes fit in with what exists in the surrounding neighborhood.  Second, the style of home that the applicant is proposing has a traditional look which fits in with the surrounding homes.  Staff feels that construction of a larger home on a large lot would not fit into an area that primarily consists of homes on 30’ x 117’ or 30’ x 142’ lots.  Also, there is a stormwater drainage problem in the area.  There are some photographs of standing water in this area included with this report.  The applicant is proposing to construct a storm sewer drainage system which would not only address water issues on his properties, but would also address existing problems on adjacent properties.  In order to fund the construction of this system the applicant would like to be able to develop two (2) lots instead of one. 

Should the Common Council approve the CSM, the applicant will need to enter into a development agreement for the storm sewer system.  The Water & Sewer Utility is also requiring that the applicant abandon any existing laterals that will not be used by this development.

The Plan Commission has reviewed this request and voted 6-3 vote in favor of recommending Common Council approval of the CSM and granting of the variation.  However after the meeting it was brought to the attention of staff that Section 14.180 (c) of the City’s Land Division & Platting Ordinance requires that a ¾ majority of the Plan Commissioners must support the variation request for a positive recommendation to the Common Council.  Since there was not a ¾ majority (7 votes) the recommendation from Plan Commission is to not approve the CSM and variation request. 

It should be noted that the Common Council can still approve the certified survey map and grant the variation with a simple majority vote if they support this request. 

Fiscal Impact:  This land division will generate $4,958 in impact and development fees as permits are issued for homes to be built on these two lots.

Prepared by: Doug Seymour, AICP Director of Community Development

Respectfully submitted, Patrick DeGrave City Administrator

Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk