Number
000900
Version
ORIGINAL
Reference
Sponsor
ALD. CAMERON-ROLLINS
Title
Resolution authorizing and directing the Intergovernmental Relations Division - Department of Administration to lobby for introduction and passage of state legislation that would enable a city to designate, by ordinance, that the decisions of its board of zoning appeals be advisory only, with final decision-making authority vested in the common council.
Analysis
This resolution authorizes and directs the Intergovernmental Relations Division - Department of Administration to lobby for introduction and passage of amendments to s. 62.23(7)(e), Wis. Stats., that would enable a city to designate, by ordinance, that the decisions of its board of zoning appeals be advisory only, with final decision-making authority on zoning appeals vested in the common council.
Body
Whereas, Section 295-59-1 of the Milwaukee Code of Ordinances authorizes the Board of Zoning Appeals to interpret the Zoning Code, to approve, conditionally approve or deny variances and special uses, and to hear and decide appeals of rulings of City administrative officers; and
Whereas, The decisions of the Board of Zoning Appeals are binding, not advisory, and may be appealed by an aggrieved party only to a court of law; and
Whereas, The provisions of s. 295-59-1 are based on authority granted to a board of zoning appeals in s. 62.23(7)(e), Wis. Stats., specifically the powers to hear and decide appeals of orders, requirements, decisions and determinations of administrative officials, to hear and decide special exceptions, and to authorize variances from the terms of the zoning ordinance; and
Whereas, Section 62.23(7)(e), Wis. Stats., further provides that any person or persons aggrieved by a board of zoning appeals decision may commence an action in court seeking the remedy available by certiorari; and
Whereas, The Common Council finds that the citizens of Milwaukee would be better served by a zoning appeals procedure in which the Board of Zoning Appeals makes advisory recommendations to the Common Council and the Common Council renders final decisions on the appeals; and
Whereas, The City of Milwaukee cannot make changes to its zoning appeals procedure unless s. 62.23(7)(e), Wis. Stats., is amended to provide that a city may, by ordinance, make the decisions of its board of zoning appeals advisory and give the common council final decision-making authority on an appeal; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Intergovernmental Relations Division - Department of Administration is authorized and directed to lobby state legislators for introduction and passage of state legislation amending s. 62.23(7)(e), Wis. Stats., such that a city may, by ordinance, designate the decisions of its board of zoning appeals as advisory only, with final decision-making authority vested in the common council.
Requestor
Drafter
00479-1
JDO
10/6/00