CCR1974181RESOLUTION # 181
MODIFYING THE APPLICATION OF LOUIS ROZMAN TO
REZONE CERTAIN PARCEL OF LAND IN SEC. 10
BE IT RESOLVED that the petition submitted by Louis
Rozman, dated May 20, 1974, to rezone 6.872 acres from RS2
to B4 is hereby modified to rezone the following described
property from RS2 to B4:
"All that part of the S.E. 1/4 of the N.W. 1/4 of
Section 10, T. 5N., R. 20 E., in the City of Muskego, Waukesha
County, Wisconsin bounded and described as follows:
Commencing at the North 1/4 Section comer of said
Section 10; thence South 1211.07 feet along the 114 Section
line of said Section line to a point in the center line of the
public highway known as County Trunk "A"; thence South 48'
01' 46" W., along said highway center line 29.95 feet to an
angle point; thence South 56O07' 29" West continuing along
said highway center line 766.12 feet to a point being the
point of beginning of the land to be described:
highway
01" E. ,
324.70
thence South 56O07' 29" West continuing along said
centerline 388.48 feet to a point; thence S. 00°34'
406.13 feet to a point; thence N. 88O32' 24" E.,
feet to a point; thence N. 00034' 01" W., 614.40 feet to
the centerline of said highway and the point of beginning.
EXCEPTING THEREFROM the northerly 33 feet for public street
purposes. Containing 3.5 acres. I1
BE IT FURTHER RESOLVED that the Common Council of
the City of Muskego does hereby approve of the modified
application for the proposed rezoning and does direct the
City Attorney to draft the necessary implementing ordinance.
DATED THIS /3& DAY OF &-X , 1974.
h n d&
Ald. Rdymond A. Wallner
ATTEST:
a City Clerk
.u, i August 14, 1974
I, Bette J. Bowyer, City Clerk of the City of Muskego
do hereby certify that on August 14, 1974, the Mayor
of the City of Muslcego submitted to this office his
intention to veto Resolution #181-74 which was adopted
by the Common Council on August 13, 1974.
/) 7
829 /.d%
Bette J. Bowyer, &ty Clerk
August 23, 1974
a HONORABLE ALDERMEN - CITY OF MUSKEG0
Gentlemen:
On August 13, 1974, your Honorable Body adopted Reso-
lution #181-74. This resolution modified the original request
of Louis Rozman to rezone a certain parcel of land in Section
10 from RS2 to B4.
You will recall that the parcel involved is part
of a six acre tract presently owned by Mr. Richard Wanasek and
flanked on the east by Ludwig's Subdivision and on the south
and west by the approved Parkland Subdivision.
Since the rezoning generated a considerable amount
of discussion I will not go into a detailed evaluation of the
proposed rezoning other than to remind you that (1) the City's
comprehensive plan has never envisioned commercial development
on the south side of Highway 24 in that area, (2) the three
acre parcel, if rezoned to business, would be somewhat of an
island nearly surrounded by residences and therefore, in my
opinion, that action could be considered spot zoning, (3)
the very nature of Highway 24 and the present traffic which
exceeds 8,000 cars per day should indicate that strip com-
mercial development on Highway 24 could render the highway
almost useless of its intended purpose to more people
through the City, and (4) the proposed zoning of B4 permits
a wide range of businesses orientated to highway routes
which are logically related and dependent upon highway traffic,
for example, transportation terminals, drive-ins, hotels,
motels and as conditional grants, general warehousing, lumber
yards, sales and service establishments for automobiles,
including body repair shops and used car lots. In addition,
the B4 zoning permits the use for the common retail functions.
What this means is that in the event the intention of the
original use of the property (hardware store) would be aband-
oned or not successful, any one of the above enumerated uses
could be substituted.
e
It is my opinion that the above is sufficient reasons
to question the validity of your decision to approve the
rezoning request, however, the City also has received a
of the parcel and the west side of the parcel opposing the
rezoning and as you know, the City's zoning ordinance, Section
3.06 (g) states,
a petition from all residents of the property on the east side
Page 2
August 23, 1974
"Protest: In case of protest against a change
duly signed and acknowledged by the owners 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 immediately adjacent
and extending 100 feet therefrom or by the
owners of 20% or more of the land directly
opposite thereto extending 100 feet from the
street frontage of such opposite land, an
amendment shall not become effective except
by the favorable vote of 314 of the members
of the Council"
This means that the proposed zoning, to become.law, requires
the affirmative vote of six members of the Council. As you
know, the resolution was adopted by the Council on a vote
of 5 - 2. Therefore, it seems to me, rather useless and a
waste of money to direct the City Attorney to develop an
ordinance for consideration by the Council which has little,
if any, possibility of passage.
It is for the above reasons that I have chosen to
veto your actions on Resolution 11181-74 and I respectfully
request that you uphold that veto.
Sincerely yours,