Election's over - back to the business of city and community development.
The dispute over Leonard and Verna Fox's apparent ability to ignore city zoning regulations due to seniority inches forward; wisely, an out-of-town judge will consider the case.
Via FranklinNOW.com:
South Milwaukee Judge will consider Franklin zoning dispute
Franklin’s zoning violations case against Leonard Fox is in the hands of a South Milwaukee municipal judge.
Judge William Fenger will consider allegations that two businesses Fox owns — Franklin Storage and Castle Concrete Products — have not received proper city approvals for outdoor storage of vehicles and boats, as well as other zoning violations.
Fox was issued a municipal citation from Franklin in September for failure to correct zoning violations at his commercial property in the 5000 block of West Rawson Avenue, near the Fountains of Franklin retail development.
The case was assigned by the Milwaukee County Circuit Court to Fenger last week because Franklin Municipal Judge Frederick Klimetz recused himself. Klimetz, a former Franklin mayor, cited his possible participation in discussions several years ago, when Fox approached the Common Council for a commercial user permit, as a potential conflict of interest in his current role as judge.
Long-sought resolution
Franklin Planning Manager Joel Dietl said Fox had received three zoning violation notices this year about the property, but the complaints from Franklin residents date back to June 2007.
The case has moved at a relatively slow pace. Fox requested and received at least two extensions to comply with the city’s request to correct the violations but a citation was issued after little or no progress was made, Dietl said.
Leonard Fox did not return a reporter’s phone calls before deadline. However, Verna Fox, Leonard’s wife, said in an interview last week that the couple was still making an effort to comply with the city, including paying for a certified survey map of the property.
“They said they wouldn’t do this if we worked on correcting our problems,” she said. “So this kind of surprises me. We’re having a (survey map) done right now that’s going to run close to $4,000.”
Franklin City Director of Administration Mark Luberda said the city will consider any compromise the Foxes make, but the case is now temporarily out of its hands.
“Realistically, the way it stands, we’re waiting for an involvement (by South Milwaukee’s municipal court),” he said.
Favoring rules enforcement
Developer David Hintzman, a nearby commercial neighbor of the Foxes who has developed some of the sprawling Fountains of Franklin site, said in a recent e-mail he would like to see more action on the case.
“We, along with other property owners in the city, are happy to see the Franklin city staff begin to enforce their ordinances on this issue,” he wrote. “However, we haven’t seen the city’s complaint specifically address the illegal operation of the outdoor storage business. This is concerning considering (Dietl and Luberda) each have explained to Mr. Fox that he is no longer able to run this illegal business.”
Fox’s court date is not yet known. The South Milwaukee city clerk did not return a reporter’s calls.
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