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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, Ka...

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