ORD1978358ORDINANCE # 358. .-
AN ORDINANCE TO AMEND THE ZONING DISTRICT MAP
(Cunningham)
OF THE CITY OF MUSKEGO
0 DO ORDAIN AS FOLLOWS:
ME COMMON COUNCIL OF THE CITY OF MUSKEGO, W ISCONSI N,
SECTION I: The .zoning district map of the City of
Muskego is hereby amended Iby rezoning the following described
property from 8-2 to RS-2:
Pt. of the SEa of the SE& of Sec. 8 I ocated
on the northwest corner of Racine Ave. and
S.T.H. 24, being approximately IO acres of
I and.
SECTION 2: All ordinances or parts of ordinances in-
c) pealed.
consistent with or contravening this ordinance are hereby re-
SECTION 3: This ordinance shall be in full force and
effect from and after its passage and publication.
CITY OF MUSKEGO
r
JEROME J GOTTFRIED, WKR-
ATTEST:
CITY CLERK a
October 9. 1978
TO THE HONORABLE ALDEilMEN OF THE CITY OF MUSKEG0
FROM MAYOR JEROME J. GOT'I'FRIED
RE ORDINANCE $357
a Gentlemen -
Ordinance 2357, entitled, An Ordinance to Amend the Zoning District
On the 26th day of September your honorable body defeated
Map of the City of hluskego (S. Potrykus - former Nettesheim property).
In spite of the fact that I do not agree with your action I would not
normally veto that action since it would have no direct affect on the
question of whether or not the requested zoning or the exicting zoning
is proper
As you know, the Plan Commission, after a great deal of
question be rezoned from R2 and R1 to RS2 OPD When that question was
consideration, submitted a recornmendation to you that the area in
submitted to you under Ordinance ;357 a majority of you indicated your disagreement with the Plan (Commission by voting "no" to the proposed . change
Section 3.OG(D) of th,? city's zoning ordinance under the title,
Changes and Amendments, states as €allows
3 06 (D) Referral
1. The City Cler'k shall lransmit without delay one copy
of such petition to the Plan Conmission
2. The Plan Commission shall conduct a study and invcstig-
ation and whe.re deemed desirable, an informal hearing,
and report it:; reconmendation to the Common Council
within 30 day, unless a longer period is stjpulaied
by the Corrunon Council
(E) OffIcizl Eearing The Cv~~mon Council shall hold a
public hearing upon the petition in the mannel- pro\.icicJd
by Section 3 0'7 of this ordinance
(F) Act ion
Cotrorlon Council shall zct to ;ippru\'e, modi Yy 2nd appr'J\e
1 .As soon %s ~~cssjble afic-r such publjc hearjng The
or disapprove ~rhe l.!ro,pr!ed chzn,;e or n!;~ndrnent
2 'The Co;;~L,r;on C01i~cil si;zll~ 1noi tnke zction ~i1.i-io111
having first h<;zr.d The i.i-c.c\.~::en,i~..rjo~~ of t,he 21an
Corrni ssion
3 Should 1!1e co1x'~on Ccjuncil nor: concur in t!ie
~ec~,,~!:~cr,dat?on of i;?e P1:in Ct?!:>v,isslon, ii- shall :.c-:-.i:f(:~.
the ratter 10 : he Co!:vnissj~:~n for recor!sjcie;.;._rion i,t.:ore
tzking E?nal ac;rion
4. An appro\:ed chznge shall be by ZpprOprIaIe ordinF.nce
made promptly
and necessary changes in the zoning map or text shall he
(G) Protest: In case of protest egainst a change duly
signed and acknowledged by the oxners of 20% or more
either of the area of land included in such proposed
change, or by the owners of 20% or more of the land
or by the owners of 20% or more of the land directly
immediately adjacent and extending 100 feet thereirom
opposite thereto extending 100 feet irorn the street
frontase of such opposite I~and, an amendment shall not
become effectiue except by the fa\80rable vote of 3/4
of the members of the Council
Honorable Aldermen
October 9, 1978
Page 2.
made so that any proposed zoning changes have adequate review by both
As you can see, provi,sions in our zoning ordinance hax-e been
the Plan Commission and the Council. This was done to protect the
landowners involved in the .rezoning as well as surrounding property
owners.
Council does not agree with the recommendation of the Plan Commissior.
they must send it back to them for reconsideration. This can be done
by a motion to refer, indicating in that motion that the majority of
the Council does not agree with the Plan Commission's recommendation
Assuming this veto is upheld the proper procedure would be
motion carries to immediate1.y refer back to the Plan Commission
to once again move for adopt:ion of Ordinance 11357 and if that
indicating your disagreement:
As you can also see f:rom Section 3 06 D (3) when the Common
e. ordinance dealing with this matter. However, because of it I have
I apologize for not remembering that section of our zoning
chosen to veto your action ad ask that you sustain that veto since
to do anything else that would be in violation of the city's zoning
ordinance wll.ich was adopted by you the Common Council.
JJG/ j e