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File #: 080308    Version: 0
Type: Resolution Status: Dead
File created: 6/10/2008 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 7/30/2008
Effective date:    
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.
Sponsors: ALD. BAUMAN
Indexes: BOARD OF ZONING APPEALS, CONSULTANTS, LITIGATION
Attachments: 1. Fiscal Note, 2. Notice List, 3. Veto Letter
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
7/30/20080 COMMON COUNCIL VETO OVERRIDDEN

Minutes note: Ald. Murphy moved to dispense with the reading of the Mayor's veto message. There was no objection. The question was put: Shall the foregoing measure be adopted notwithstanding the objection of the Mayor?
Fail0:14 Action details Meeting details Not available
7/10/20080 MAYOR VETOED   Action details Meeting details Not available
7/1/20080 COMMON COUNCIL ADOPTEDPass10:5 Action details Meeting details Not available
6/23/20080 JUDICIARY & LEGISLATION COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Individuals present: Ald. Robert Bauman Barbara Woldt and Assistant City Attorney Jan Smokowicz - City Attorney
Pass3:2 Action details Meeting details Not available
6/17/20080 JUDICIARY & LEGISLATION COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
6/17/20080 JUDICIARY & LEGISLATION COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
6/10/20080 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

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, Kashmir Multani, has applied to the Board of Zoning Appeals for a use variance to continue occupancy of the premises as a filling station (BOZA Case No. 28710); and

 

Whereas, On May 22, 2008, the Board of Zoning Appeals adjourned Case No. 28710 for the purpose of collecting additional information from the petitioner and from City staff; and

 

Whereas, In a February 8, 2008, letter to Commissioner of Neighborhood Services Martin Collins, the City Attorney’s Office indicated that, in its opinion, the pending use-variance application acts as a stay of enforcement of an order issued by the Department of Neighborhood Services placarding and ordering closure of the gas station; and

 

Whereas, Over the past several years, the neighborhood surrounding the gas station at 1530 W. State Street has become increasingly residential, with the gas station becoming more and more out of character with the neighborhood; and

 

Whereas, The 2006 rezoning of several blocks in this area to RT4 (Two-Family Residential) formalized the goal of the City and neighborhood residents and property owners to support and expand residential uses and development in this neighborhood; and

 

Whereas, Because the City Attorney’s Office has already provided legal representation and advice to the Board on the pending use-variance application, and has opined on this matter to the Commissioner of Neighborhood Services, the City Attorney's Office can no longer represent the City of Milwaukee as an interested party in this case; and

 

Whereas, Because of this conflict of interest, it is necessary for the City to hire outside legal counsel if it wishes to oppose the use-variance application of Kashmir Multani; and

 

Whereas, It would be in the best interest of the City in general and residents of the surrounding neighborhood in particular to retain outside experts and legal counsel to represent the public interest by arguing that operation of a gas station at 1530 W. State Street would not be beneficial to the City or its residents; and

 

Whereas, The Outside Counsel/Expert Witness Fund Special Purpose Account is to be used by the City Attorney’s Office for the purpose of retaining experts and outside legal counsel; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that the City Attorney is directed to retain the services of Attorney Alan Marcuvitz to represent the City and the public interest by opposing the use variance requested in Board of Zoning Appeals Case No. 28710 and to represent the City and the public interest in any other appeals to the Board to allow continued operation of a gas station at 1530 W. State Street; and, be it

 

Further Resolved, That the sum of up to $10,000 shall be reserved, appropriated and expended within the 2008 Special Purpose Account - Outside Counsel/Expert Witness Fund (006300-0001-9990-S157-2008) for retaining and engaging Attorney Alan Marcuvitz for these purposes.

 

Requestor

 

Drafter

LRB08302-1

JDO

06/09/2008