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City Attorney Opinions

All opinions are pdf files and require Adobe Acrobat Reader to view them. A free copy can be downloaded here.

Zoning Statement - December 28, 1998
An opinion from the City Attorney regarding a variance granted to an apartment complex. The issue discussed in the opinion relates to whether or not the Zoning Specialist for the City has sufficient authority to issue a zoning statement to the effect that, in the event of damage by fire or other casualty, the buildings could be rebuilt to the same size and density as presently exists.

Unnecessary Hardship - December 9, 1998
A memorandum from the City Attorney's office regarding the unnecessary hardship test the Board must apply when deliberating on appeals for variances. A slip copy of a Wisconsin Court of Appeals' decision released and recommended for publication is also included: State ex re. Spinner v. Kenosha County Board of Adjustment.

Temporary Variance - October 18, 1998
A communication from the City Attorney's office regarding the Board's authority to, as a condition of approval, limit a variance for a certain period of time. The letter seeks to give legal support for the conditional approval of a variance.

Unnecessary Hardship and Variance Criteria - June 29, 1998
A communication from the City Attorney regarding the unnecessary hardship test the Board must apply when deliberating on appeals for variances. Specifically, the communication relates to the decision of the Wisconsin Supreme Court in the case of State of Wisconsin v. Kenosha County Board of Adjustment. A copy of the decision and the pre-advance sheet summary are included.

Vested Rights - May 26, 1998
A communication from the City Attorney regarding vested rights in zoning classification. The letter focuses on the decision from the Wisconsin Supreme Court in the case of Lake Bluff Housing Partners v. City of South Milwaukee. A copy of an opinion from the City Attorney issued in May of 1995 regarding the same topic is also included as a reference.

Statement of Hardship - December 22, 1997
A communication from the City Attorney's office regarding the adequacy of a "statement of hardship" submitted in support of an application for a variance. The correspondence refers to various points of law that surround the criteria necessary for the Board to grant a variance.

Transmission Tower Policy Statement - November 14, 1997
An opinion from the City Attorney regarding the effect the recently adopted Transmission Tower Policy Statement had on the Board and its deliberations on matters involving tower requests. Also attached to the opinion is a copy of an opinion issued by the City Attorney in February 1989 regarding the significance and weight to be afforded comprehensive plans in conjunction with the Board's review of applications for special uses. In specific, this opinion from 1989 relates to the Northwest Side Plan.

Draft Substitute of Nonconforming Use Ordinance - October 29, 1997
A communication from the City Attorney's office regarding the legality and enforceability of a draft substitute ordinance relating to nonconforming lots, structures, and uses. A portion of Common Council File No. 970828 is included.

Agenda Contents - October 21, 1997
A communication from the City Attorney's office regarding the adequacy of the Board's agendas. General guidance regarding public notice requirements is given.

Changes to the Plan of Operation - September 23, 1997
A communication from the City Attorney's office regarding a proposed change to the plan of operation for a Board approved special use. The Board seeks clarification and guidance as to whether or not a full hearing would be required in order to consider the request. Also included is a copy of the request from the BOZA Chair as well as a copy of a letter from the applicant.

Notice Requirements - September 9, 1997
A communication from the City Attorney's office regarding a proposed ordinance that would change the Board's notice requirements and procedures. The proposed ordinance deals specifically with "group living facilities" but much of the content is applicable to general notice provisions.

Additional Evidence and Representatives During Deliberation - August 4, 1997
An opinion from the City Attorney regarding the appropriateness of receiving additional testimony or evidence after the Board has finished the public hearing and is deliberating on the case.

Use Variances - July 31, 1997
An opinion from the City Attorney regarding use variances. Specifically, the opinion addresses the power the Board has to hear and grant appeals for use variances. The opinion also gives guidance as to the conditions, criteria, and burden of proof which would apply to the grant of use variances.

Procedures for Transmission Towers - July 23, 1997
A communication from the City Attorney's office regarding any unique or additional procedures for hearing appeals to construct transmitter towers. A copy of the Wisconsin Court of Appeals' decision in the case of Westel-Milwaukee Company, Inc. v. Walworth County is included.

Notification Procedures - May 20, 1997
A communication from the City Attorney's office regarding certain notification procedures. Specifically, the comments relate to a proposed ordinance revision -- file No. 961883.

Jurisdiction Over a Clarification or Amendment to Plan of Operation - May 19, 1997
An opinion from the City Attorney regarding the Board's jurisdiction to hear and decide a clarification to the plan of operation or, in the alternative, an amendment to the plan of operation.

Body Politic - March 18, 1997
A communication from the City Attorney's office regarding the Board as a "body politic." In specific, the case refers to the District I Court of Appeals decision affirming the Circuit Court decision in the case of Ms. Wimmer, d/b/a Community Living.

Transmission Tower Policy Statement - February 13, 1997
A communication from the City Attorney's office regarding concerns from the Board Chair as they relate to the proposed Transmission Tower Policy Statement.

Check Cashing - Accessory or Principal Use - February 4, 1997
An opinion from the City Attorney regarding the nature of a check cashing operation. The Board sought an opinion as to whether or not a grocery store that advertised "check cashing" should be classified as a Currency Exchange in s.295-7-40.5 Milw. Code, and required a special use from the Board.

Violation of a Condition Rendering Decision Null and Void - October 22, 1996
An opinion from the City Attorney regarding the automatic rendering of a Board decision null and void whenever a condition of said decision is violated.

Last updated: Friday, December 15, 2000. ©City of Milwaukee. All rights reserved.