Fiscal Note
No City appropriation required.
Title
Authorizing the release of a deed restriction regarding the property located at 845 Vilas Avenue (District 13).
Body
WHEREAS the property (the “Property”) addressed as 845 Vilas Avenue (Tax Parcel No. 251-0709-233-1301-2) is the site of former Madison Water Utility Well No. 2, and
WHEREAS on October 31, 2000, the Common Council adopted Resolution No. 57691 (ID 28288) to declare Well No. 2 as surplus property and accept an offer to purchase the Property submitted by the then-adjacent property owner, and
WHEREAS the sale of the Property was conditioned on a deed restriction that required Plan Commission approval of any new building, demolition, addition to the existing building, or creation of parking, and
WHEREAS the Property was conveyed from the City to 845 Vilas, LLC on December 15, 2000 by Document No. 3273484 with a deed restriction requiring Plan Commission approval of any new building, addition to the existing building, or creation of parking on the Property (the “Deed Restriction”), and
WHEREAS since the approval and sale of the Property with the Deed Restriction, the City has included the Property in Urban Design District 7 as regulated by MGO Section 33.24(14) and adopted a Zoning Code that includes prescriptive requirements on building placement, massing, and materials, including placing the site in the Transit-Oriented Development zoning overlay district subject to Section 28.104 of the Zoning Code; and
WHEREAS the Deed Restriction includes no standards or criteria to govern the Plan Commission’s review of the building activities regulated by the restriction, including any grounds under which the Plan Commission could deny a project on the Property, and
WHEREAS the Planning Division, Building Inspection Division, and City Attorney’s Office feel that there are adequate regulations in place to guide any redevelopment of the site without need for Plan Commission review as required by the Deed R...
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