ORDINANCE NO. 2493
By: _________________________
AN ORDINANCE TO AMEND THE CONDITIONS AND RESTRICTIONS
IN ORDINANCE NO. 2464 FOR A CONDITIONAL USE PERMIT FOR
TEG PROPERTIES, LLC
(6925 and 6965 S. 6th Street)
1st Aldermanic District
The
WHEREAS,
Ordinance No. 2313, approving a conditional use permit for storage of vehicles,
equipment and supplies for the properties at 6925 and 6965 S. 6th Street which
was approved on July 6, 2004 and last amended with Ordinance 2464, contained a
restriction that outdoor storage shall
not be located within the front or side yard, and shall be screened from casual
view by means of screening that is compatible with the main building/structure
and landscaping.; and
WHEREAS, Ordinance 2464 also requires that all off-street parking and equipment storage areas
shall be surfaced with an all-weather wearing surface of plant mix asphaltic
concrete over crushed stone base subject to approval by the City Engineer; and
WHEREAS, those ordinances affected the following legally
described property;
PARCEL 1 (
THAT PART OF THE NORTH 20
ACRES OF THE SOUTH 60 ACRES OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF SECTION 5, IN
TOWN 5 NORTH, RANGE 22 EAST, IN THE CITY OF OAK CREEK, COUNTY OF MILWAUKEE,
STATE OF WISCONSIN, WHICH LIES EAST OF THE RIGHT OF WAY OF THE WISCONSIN UNION
RAILROAD COMPANY AND CHICAGO, MILWAUKEE, AND ST. PAUL RAILROAD COMPANY,
EXCEPTING THE FOLLOWING DESCRIBED PREMISES CONVEYED TO CITY OF OAK CREEK; PART
OF THE WEST 1/4 OF SECTION 5, IN TOWN 5 NORTH, RANGE 22 EAST, IN THE CITY OF
OAK CREEK, COUNTY OF MILWAUKEE, STATE OF WISCONSIN, BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF SAID 1/4 SECTION; THENCE NORTH 00°19’24” EAST ALONG THE EAST LINE OF
SAID 1/4 SECTION 925.93 FEET TO THE POINT OF BEGINNING OF THE LANDS HEREIN TO
BE DESCRIBED; THENCE NORTH 28°00’00” WEST 128.52 FEET TO A POINT; THENCE
NORTHWESTERLY 308.83 FEET ALONG THE ARC OF A CURVE WHOSE CENTER LIES TO THE NORTHEAST,
WHOSE RADIUS IS 869.00 FEET AND WHOSE CHORD BEARS NORTH 17°49’08” WEST 307.21
FEET TO A POINT ON THE NORTH LINE OF THE SOUTH ½ OF SAID 1/4 SECTION; THENCE
SOUTH 88d40’44” EAST ALONG THE NORTH LINE OF THE SOUTH ½ OF SAID 1/4 SECTION
156.65 FEET TO A POINT OF THE EAST LINE OF SAID ¼ SECTION; THENCE SOUTH 00d19’24”
WEST ALONG THE EAST LINE OF SAID ¼ SECTION 402.31 FEET TO THE POINT OF
BEGINNING.
PARCEL II (
THAT PART OF THE SOUTHWEST ¼
OF SECTION 5, TOWN 5 NORTH, RANGE 22 EAST, IN THE CITY OF OAK CREEK, COUNTY OF
MILWAUKEE, STATE OF WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE
EAST LINE AND 997.10 FEET NORTH OF THE SOUTHEAST CORNER OF THE SAID ¼ SECTION;
THENCE WEST 645.97 FEET TO A POINT IN THE EAST LINE OF RAILROAD PROPERTY, SAID
POINT BEING 997.60 FEET NORTH OF THE SAID ¼ SECTION; THENCE NORTH ALONG THE
EAST LINE OF SAID RAILROAD PROPERTY TO A POINT IN THE EAST AND WEST 1/8 LINE OF
SAID ¼ SECTION; THENCE EAST ALONG SAID 1/8 LINE 663 FEET TO A POINT IN THE EAST
LINE OF SAID ¼ SECTION; THENCE SOUTH 332.40 FEET TO THE PLACE OF BEGINNING.
EXCEPT PART OF THE SOUTHWEST
¼ OF SECTION 5, TOWN 5 NORTH, RANGE 22 EAST, IN THE CITY OF OAK CREEK, COUNTY
OF MILWAUKEE, STATE OF WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST
CORNER OF SAID ¼ SECTION/ THENCE NORTH 00d19’24” EAST ALONG THE EAST LIINE OF
SAID ¼ SECTION 925.93 FEET TO THE POINT OF BEGINNING OF THE LANDS HEREIN TO BE
DESCRIBED; THENCE NORTH 28d00’00” WEST 128.52 FEET TO A POINT; THENCE
NORTHWESTERLY 308.83 FEET ALONG THE ARC OF CURVE WHOSE CENTER LIES TO THE
NORTHEAST, WHOSE RADIOUS IS 869.00 FEET, AND WHOSE CHORD BEARS NORTH 17d49’08”
WEST 307.21 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH ½ OF SAID ¼ SECTION;
THENCE SOUTH 88d40’04” EAST ALONG THE NORTH LINE OF THE SOUTH ½ OF SAID ¼
SECTION 156.65 FEET TO A POINT ON THE EAST LINE OF SAID ¼ SECTION; THENCE SOUTH
00d19’24” WEST ALONG THE EAST LINE OF SAID ¼ SECTION 402.31 FEET TO THE POINT
OF BEGINNING.
WHEREAS, the owner, TEG Properties, LLC., is requesting
that Section 3D of Ordinance No. 2464 be
amended to permit all off-street parking
and equipment storage areas to be surfaced with an all-weather wearing surface
of plant mix asphaltic concrete over crushed stone base or crushed recycled
asphalt subject to approval by the City Engineer; and
WHEREAS, the owner, TEG Properties, LLC., is also
requesting that Section 5G of Ordinance No. 2464 be amended to permit outdoor storage within the side yard; and
WHEREAS,
the
WHEREAS, a public hearing was held on this matter on March
4, 2008 to hear comments from all who were interested.
NOW, THEREFORE, BE IT RESOLVED, the
SECTION
1: To promote the general welfare,
public safety and general planning within the City of
3D. All off-street parking and equipment storage areas shall be surfaced
with an all-weather wearing surface of plant mix asphaltic concrete over
crushed stone base or crushed recycled asphalt, subject to approval by the City
Engineer. A proposal to use other
materials shall be submitted to the Plan Commission and the Engineering
Department for approval.
SECTION
2: To promote the general welfare,
public safety and general planning within the City of
5G. Screening of Outdoor Storage –
Outdoor storage shall not be located within the front yard, and shall be
screened from casual view by means of screening that is compatible with the
main building/structure and landscaping.
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: All ordinances or parts of ordinances
contravening the provisions of this ordinance are hereby repealed.
SECTION 6: This ordinance shall take effect and be
in force from and after its passage and publication.
Passed and adopted this 4th day of March, 2008
__________________________________
President,
Approved this 4th day of March, 2008
__________________________________
Mayor
ATTEST:
___________________________ VOTE: Ayes ______ Noes ______