Number
080308
Version
ORIGINAL
Reference
Sponsor
ALD. BAUMAN
Title
Resolution appropriating funds from the Outside Counsel/Expert Witness Fund Special Purpose Account for the purpose of retaining outside legal counsel in a case involving the Board of Zoning Appeals.
Analysis
This resolution appropriates $10,000 from the Outside Counsel/Expert Witness Fund Special Purpose Account for the purpose of paying outside legal counsel (Attorney Alan Marcuvitz) to represent the City and the public interest by opposing the request of Kashmir Multani to the Board of Zoning Appeals for a use variance to allow continued operation of a gas station at 1530 W. State Street (BOZA Case No. 28710), and in any other appeals to the Board to allow continued operation of this gas station.
Body
Whereas, In 1995, when the operator of the existing gas station located at 1530 W. State Street sought permission from the City to construct a fuel pump canopy, the Board of Zoning Appeals approved a special use permit for a period of 10 years to allow a gas station on the premises (a gas station was a special use under the zoning in effect at that time); and
Whereas, This special use permit was not renewed upon its expiration on April 5, 2005; and
Whereas, On November 14, 2006, the Common Council approved File Number 060733, an ordinance that changed the zoning of this property from LB2 (Local Business) to RT4 (Two-Family Residential); and
Whereas, Under RT4 zoning, a gas station is a prohibited use; and
Whereas, Because its special use permit was not renewed before the 2006 zoning change, the gas station at 1530 W. State Street lacks nonconforming special use status; and
Whereas, On February 15, 2007, the Board of Zoning Appeals denied a request from Bulk Petroleum Corp. for a use variance that would allow the existing gas station structure to be razed and a new gas station/convenience store to be constructed on the site; and
Whereas, The current lessee of the gas station, Ka...
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