City of Oak Creek

Common Council Report

Meeting Date: March 31, 2008

Item No.:

Recommendation: That the Council not adopt Ordinance No. 2495, authorizing the issuance of a conditional use permit for the outdoor storage of vehicles and towing equipment for the property at 6880 S. 10th Street.

Background B&B Automotive Towing & Recovery is requesting a conditional use permit that would allow them outdoor storage of vehicles and towing equipment on a portion of the property at 6880 S. 10th Street. This property is a multi-tenant facility with two buildings with two structures, one large building and one small metal building at the northeast corner of the property. B&B Towing would occupy the small building and an area extending 50 feet to the west of the building and 100 feet to the south of the building.

B&B Automotive Towing & Recovery, who are currently located in the City of Milwaukee would be relocating their business office and vehicle storage facility to this property. B&B specializes in automotive recovery (repossessions) and towing and impounding of vehicles. They currently tow and impound vehicles for the City of Oak Creek Police Department as well. They will be storing up to 30 vehicles on-site at any given time. Some vehicles, including motorcycles and stolen recovery will be stored within the building as will their service vehicles. They will also operate their office out of this building. Staff has informed them that if this conditional use were to be approved, they would need to significantly enhance the appearance of the building (including painting the exterior), which has not been maintained and has significant areas that are rusting.

Staff is also concerned because they will be applying for a salvage license. They have stated (see attached correspondence) that they will never become a salvage yard and only require the salvage license because the state requires it to prove they have a commercial place to store tow trucks. Despite their assurances that it will not become a salvage yard, staff is still concerned about how this property will look with a mix of wrecked and towed automobiles stored on site for extended periods of time.

Furthermore, the site is already in disarray with a variety of vehicles and equipment in various states of repair as well as piles of scrap metal, and other junk. Adding another tenant to the mix, one that would be bringing on even more vehicles (including some of which are severely damaged from being in an accident), is only going to compound the problem.

When considering a conditional use, Chapter 17 (Zoning Ordinance) specifies that conditional uses shall be reviewed to see if they are in accordance with the purpose and intent of the Chapter and is found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the City. Staff believes that this type of a use does not add value to the neighborhood and in fact would just add to the significant problems with junked vehicles, equipment and various debris, already present in the area.

The Plan Commission has reviewed this request, and has recommended that the conditional use permit not be issued after a public hearing. Should the Council disagree with the recommendation of the Commission, the appropriate action would be to hold this ordinance, and direct the Plan Commission to consider conditions and restrictions to regulate this conditional use.

Fiscal Impact: The 3.6 acre property is currently assessed at $1,319,600. The proposed outdoor storage of vehicles and towing equipment would likely not have any significant impact on the value of the property.

Prepared by: Respectfully Submitted,

Doug Seymour, AICP Patrick DeGrave

Director of Community Development City Administrator

Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk