Number
091091
Version
SUBSTITUTE 3
Reference
Sponsor
ALD. BAUMAN
Title
Substitute resolution appropriating funds from the Outside Counsel/Expert
Witness Fund Special Purpose Account for the purpose of retaining outside legal counsel in a matter pending before 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 counsel (Attorney Dan O’Callaghan is proposed) to represent the opposition in matters involving the request of Kashmir Multani to the Board of Zoning Appeals for a declaration of nonconforming use status or, in the alternative, for a use variance to allow continued operation of a gas station at 1530 W. State Street (BOZA Case No. 28710).
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 zoning in effect at that time); and
Whereas, In 1997, the City adopted an ordinance as part of the zoning code which, among other matters, provided that certain site plan changes to a nonconforming special use including the expansion, enlargement or rebuilding of a canopy, would not require approval from the Board of Zoning Appeals provided that certain conditions specified in the ordinance were met; and
Whereas, The aforesaid ordinance remains in full force and effect; and
Whereas, The 1995 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, On February 15, 2007, the Boa...
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