Title/Recommendation
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Request from Daniel J Fiorenza, Lichtsinn & Haensel. S.C., to amend the Declaration of Restrictions on 11430 W. Blue Mound Road
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Memo Body
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A. Issue
Request from Daniel J. Fiorenza, Lichtsinn & Haensel. S.C., to amend the Declaration of Restrictions on 11430 West Blue Mound Road.
B. Background/Options
Mr. Fiorenza is requesting an amendment to the Declaration of Restrictions dated June 9, 1971 and recorded with the Register of Deeds for Milwaukee County on June 21, 1971 as Document No. 4600358. Section 1 of the Declaration prohibits buildings or other improvements, as well as motor vehicles, bicycles or any other propelled or self propelled equipment within the north 35 feet of 11430 West Blue Mound Road. Per the Declaration, only landscaping of evergreens and grass is permitted within this area. Planned Unit Development Preliminary plans were recently approved for this property and the adjacent property to the east, 11400 West Blue Mound Road, for a 41-unit apartment building. This development is not possible unless the restriction is removed from the Declaration as the Declaration runs with the land and has binding effect upon all owners of the property but allows the City to approve an amendment. The property to owner to the north of the subject property has consented to remove the restriction.
C. Strategic Plan (Area of Focus)
Priority 4: Housing; Goal 1 - Expand the availability of inclusionary housing for all.
D. Fiscal Impact
None.
E. Recommendation
Staff recommends approval