City of Oak Creek

Common Council Report

Meeting Date: June 19, 2007

Item No.:        

Recommendation:  That the Council adopt Ordinance No. 2460, which would amend the official map for the northeast and southeast ¼ of Section 28.

Background:  Don & Gina Brownell, the owners of 1106 E. Fitzsimmons Road have been trying to remove or amend the officially mapped road on their property since 2005 to allow them to place an addition onto the east side of their house.  The City requires that homes must meet the prescribed setbacks when an officially mapped street is present on their property.  As proposed, the Brownell’s addition would not meet the 30 foot setback from the future north-south street.  It was therefore denied by the Building Inspection department in 2005.  In August of 2005 the Brownell’s appeared before the Board of Appeals, who denied their request for a variance.

Since the Board of Appeals denial, the Brownell’s have presented the City with various proposals that would amend the official map and allow for the addition.  Many of the proposals were not supported by City staff because it either resulted in misaligned streets or a cul-de-sac that was too long. The City’s Land Division and Platting Ordinance (Chapter 14) limits cul-de-sac lengths to 500 feet or 15 lots.  Those proposals supported by staff were not supported by the neighboring property owners.  The Brownell’s have worked with adjacent property owners to come up with this proposal which would have minimal impact on adjacent property owners. The owners of the properties at 1105, 1106, 1125, and 1130 E. Fitzsimmons Road are now requesting to amend the official map as it lies on their properties.  The north-south street shown on the official map  north of E. Fitzsimmons Rd. would be shifted 25 feet to the east.  The officially mapped north-south street south of E. Fitzsimmons Road would be removed from the official map (see attached map).

When considering a proposal to amend an official map the Commission should consider the impact upon the ability to logically develop adjacent properties in accordance with the existing official map.  Nearby property owners may have an interest in maintaining certain aspects of an official map if it provides them the future opportunity to subdivide their property in a cost effective manner.  If a person is proposing to remove this opportunity, or to alter it, they need to demonstrate that any adverse affects on the property owners involved would be offset by the benefit to the neighborhood.  In other words, a property owner should not be able to amend the official map to maximize the development potential of his or her property at the detriment of surrounding properties.  Staff feels that this proposal would not negatively impact adjacent property owners as they would still be able to maximize their development potential under this proposal.

The relocated segment north of E. Fitzsimmons would have a negligible impact on the potential development of properties to the west. When the Brownell’s originally proposed this, staff had been concerned with moving this road to the east because it would no longer align with the future street to the south.  The neighbors to the south are now requesting that the segment south of E. Fitzsimmons  is removed, so the alignment is no longer an issue.  This segment can be removed because the road that it connects to would have two (2) established access points once completed, S. Macintosh Lane and S. Spartan Lane, both of which are in the Shepard Orchard subdivision.

Staff’s only concern with the removal of the segment south of Fitzsimmons Road is the potential that sewer, water and storm sewer that would serve the large undeveloped parcel to the south may need to come from E. Fitzsimmons Road.  Staff is recommending that as a condition of approval the owners of the two parcels agree to grant the City a 30 foot easement for future sewer, water, and stormwater lines. 

The Plan Commission has reviewed this request and has recommended that the official map be amended as proposed after a public hearing and subject to the owners of 1105 and/or 1125 E. Fitzsimmons granting a 30-foot wide easement to allow for the future placement of watermains, sanitary or storm sewer.

Fiscal Impact:  There would not be any fiscal impact associated with the proposed amendment to the official map.

Prepared by: Doug Seymour, AICP Director of Community Development	Respectfully submitted, Patrick DeGrave City Administrator
Fiscal Review by: Beverly A. Buretta, CMC City Clerk