ORDINANCE NO. 2495

 

By:                                                         

 

AN ORDINANCE TO ESTABLISH A conditional use PERMIT for the propertY AT 6880 SOUTH 10TH STREET TO ALLOW FOR THE OUTDOOR STORAGE OF VEHICLES AND TOWING EQUIPMENT

 

(1st Aldermanic District)

 

            WHEREAS, B & B Automotive Towing and Recovery, LLC, on behalf of the property owner BR Properties I, LLC has requested that a conditional use permit be issued for the property at 6880 S. 10th Street to allow for the outdoor storage of vehicles and towing equipment: and

 

            WHEREAS, this property is more precisely described as follows:

 

ALL THAT PART LYING EAST OF CENTERLINE OF SOUTH 10TH ST TO-WIT: COMMENCING AT THE SOUTHWEST CORNER OF N1/2 OF SW1/4 SEC. 5-5-22, THENCE E. TO W. ROW LINE OF CMSTP&P RAILROAD N. 4˚44'00" W 250.03 FEET W. TO W1/4 SECTION LINE THENCE S 249.63 FT TO POINT OF BEGINNING EXCEPTING W. 35.00 FT FOR STREET. CONTAINING 3.614 ACRES.

 

            WHEREAS, the Plan Commission reviewed the applications and recommended that the Conditional Use Permit not be authorized nor issued; and

 

            WHEREAS, the Common Council held a public hearing on said applications on March 31, 2008, 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 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 issue the Conditional Use Permit for the outdoor storage of vehicles and towing equipment, 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 outdoor storage of vehicles and towing equipment.

 

            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 affect the validity of other provisions of this ordinance.

 

            SECTION 5: The approval and authorization of the issuance of a Conditional Use Permit for the outdoor storage of vehicles and towing equipment 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 ____________, 2008.

 

                                                                        ________________________________                                                               

                                                                        President, Common Council

 

Approved this ___ day of ____________________, 2008.

 

                                                ________________________________

                                                                        Mayor

 

ATTEST:

 

 

_____________________________  VOTE: Ayes _________  Noes ________

City Clerk