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File #: 980243    Version:
Type: Ordinance Status: Passed
File created: 5/27/1998 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 7/24/1998
Effective date: 8/12/1998    
Title: A substitute ordinance relating to the procedures for reviewing variances and special uses.
Sponsors: ALD. D'AMATO
Indexes: BOARD OF ZONING APPEALS, VARIANCES, ZONING
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
8/11/19983 CITY CLERK PUBLISHED   Action details Meeting details Not available
7/31/19983 MAYOR SIGNED   Action details Meeting details Not available
7/24/19983 COMMON COUNCIL PASSEDPass16:0 Action details Meeting details Not available
7/21/19983 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGEPass5:0 Action details Meeting details Not available
7/17/19983 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
7/17/19983 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
7/17/19983 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
7/17/19983 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
7/17/19983 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
7/17/19983 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
7/9/19983 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
6/26/19982 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
6/22/19981 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
6/8/19983 CITY CLERK PUBLISHED

Minutes note: This file is being published June 8 and 15,1998 for a CPC Meeting on June 22, 1998.
   Action details Meeting details Not available
5/27/19980 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
5/27/19980 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
NUMB:
980243
VERS:
SUBSTITUTE 3
REF:

XXBY:
ALD. D'AMATO AND HENNINGSEN
TITL:
A substitute ordinance relating to the procedures for reviewing variances and special uses.
SECS:
295-59-5 rc
295-59-5.5 cr
295-59-6-e cr
ANLS:
- Analysis -

This ordinance eliminates the requirement that, for most special uses, the board of zoning appeals may make a determination only after receiving a report from the city plan commission. In place of the plan commission report requirement, this ordinance provides that no special use shall be granted unless the board has received a report of any comments, concerns or recommendations relating to the proposed special use from the department of public works, the department of city development, the department of building inspection and the common council member in whose district the special use would be located. A similar requirement is also created for the board's variance review procedure. However, for both special uses and variances, the board may act on a request regardless of whether reports were received from the specified parties provided that 30 days have elapsed since the date the board notified these parties that a completed special use or variance application had been received.

This ordinance also increases the minimum required distance for identifying property owners to be notified of a board hearing on a variance or special use request from 100 feet to 150 feet.

This ordinance further changes the findings that the board is required to make when deciding a special use request to the following:

a. The use will be designed, located and operated in a manner so that the public health, safety and welfare is protected.

b. The use, value and enjoyment of other property in the neighborhood will not be substantially impaired or diminished by the establishment, maintenance or operation of the special use.

c. Adequate measures have been or will be taken to provide safe pedestrian and vehicular ac...

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