City of Milwaukee - File #: 041505

• File #: 041505
• Version: 0
• Type: Ordinance
• Status: Passed
• File created: 2/22/2005
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 4/12/2005
• Effective date: 4/29/2005
• Title: An ordinance relating to required board of zoning appeals findings for variance requests.
• Sponsors: THE CHAIR
• Indexes: BOARD OF ZONING APPEALS, VARIANCES, ZONING

Date	Ver.	Action By	Action	Result	Tally
4/28/2005	0	CITY CLERK	PUBLISHED
4/21/2005	0	MAYOR	SIGNED
4/12/2005	0	COMMON COUNCIL	PASSED	Pass	14:0
4/5/2005	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
3/21/2005	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
3/21/2005	0	CITY CLERK	PUBLISHED; Minutes note: This file is being published on 3/21/05 and 3/28/05 for a ZND mtg. on 4/5/05 at 9:00 a.m.
2/23/2005		ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
2/22/2005	0	COMMON COUNCIL	ASSIGNED TO

Number
041505
Version
ORIGINAL
Reference

Sponsor
THE CHAIR
Title
An ordinance relating to required board of zoning appeals findings for variance requests.
Sections
295-201-675 am
295-311-3-d-5 rc
295-311-3-d-6 cr
Analysis
Presently, for any zoning variance request, the board of zoning appeals must find that “the alleged difficulty or hardship is not self-imposed nor is it based solely on economic grounds.” This ordinance creates two different “hardship” standards, one for “dimensional” variances and the other for “use” variances, to reflect recent Wisconsin case law. The hardship standard for use variances is the same standard currently used for all variances. The hardship standard for dimensional variances shall be as follows:

Compliance with the code requirement from which the variance is requested would unreasonably prevent the property owner from using his or her property for a permitted purpose or would otherwise be unnecessarily burdensome.

Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 295-201-675 of the code is amended to read:

295-201. Definitions.

675. VARIANCE, DIMENSIONAL means permission from the board to depart from any of the literal requirements of this chapter except use regulations >>, including but not limited to a departure from an area, setback, frontage, height, bulk, density or design requirement<< .

Part 2. Section 295-311-3-d-5 of the code is repealed and recreated to read:

295-311. Appeals.

3. VARIANCES.

d. Findings.

d-5. Hardship; Dimensional Variance. In the case of a dimensional variance request, compliance with the code requirement from which the variance is requested would unreasonably prevent the property owner from using his or her property for a permitted purpose or would otherwise be unnecessarily burdensome.

Part 3. Section 295-311-3-d-6 of the code is created to read:

d-6. Hardship; Use Variance. T...