We will be closing down the current GoFundMe and updating to this one:
https://gofund.me/6e06a5d4e
For legal and operating fees in challenging the zoning issues surrounding 5295 s Moorland Rd in New Berlin. Raised by New Berlin Citizens United non-profit. Any extra funds above legal/operating fees will be donated to the Make-A-Wish Foundation.
Previous GFM funds will go toward legal fees.
If you prefer to send a check, can be written out to New Berlin Citizens United and sent to PO Box 84, Big Bend, WI 53103
Thank you to all for your support in helping us fight this legally. Any donations are greatly appreciated. If this development goes through, good chance it will be more costly for residents in the long run. The only way to resolve this, would be for a judge to weigh in on the matter.
Here is the grievance NBCU delivered to City Hall on Tuesday:
Zoning Conflicts and Land-Use Issues
-Structural misclassification: Proposed structure does not function as an Assembly Group A-3 Occupancy type “community-scale church”. Architectural design, occupancy, operation, land-use, municipal water / sewer, utilities, traffic, and environmental impact is defined under Sec. 308.2 (International Building Codes) as an Institutional Group I-1 occupancy which includes, but is not limited to, the following: Alcohol and drug centers, Assisted living facilities, Congregate care facilities, Group homes, Halfway houses, Residential board and care facilities, Social rehabilitation facilities. *Note: Milwaukee Rescue Mission’s other structures, similar in design and function, are classified as Rm6: high-density, multi-family residential, by the city of Milwaukee.
-Zoning conflicts: Institutional Group I-1 occupancy (IBC) and cannot exist in the proposed M-1 (Light Industrial) zone, without a public hearing for rezoning, and cannot automatically force re-zoning under the protections of the RLUIPA, ADA, or FHA as they are civil rights based and give no special building privileges or exemptions.
-Additional zoning issues: The proposed build site consists of (2) flag lots (Tax Key Numbers 1260.998.001 and 1260.998.002). The city shall not grant any special circumstances to a particular entity, religious or non, in approving the joining of (2) separate lots, especially for proposals that already do not meet zoning and district requirements. Having insufficient frontage, lack of access and easements, potential encroachment impacts on neighboring businesses as well as close proximity to C-2 conservancies, which may become polluted and/or disturbed during the building process, parking, increased road access, all prohibit this type of structure from existing on such land. The insufficient frontage in itself, does not allow for proper emergency access or evacuation routes, in case of fire, flood, or other potentially catastrophic events. The City shall not approve any prohibited PUDs, deviations, flexibilities, or grant special requests for exemptions for the “Milwaukee Rescue Mission: New Journey” project, under developer Patrick Vanderburgh, on these parcels.
-Abuse of RLUIPA, ADA, and FHA protections: Milwaukee Rescue Mission is using the discriminatory protections under the RLUIPA, ADA, and FHA, which have no effect, and do not grant special permissions, to evade building and zoning laws. The RLUIPA, ADA, and FHA, are designed to prevent discrimination on religious, gender, ethnicity, socioeconomic background, and disabled peoples, and are civil rights only in nature to ensure all entities and people(s) can function in society on equal terms.
We are being represented as an organization by Joseph Cincotta.
He has worked for years with the Greenwald family of Mukwonago.
Headquartered in the Greater Milwaukee and North Shore area, the Law Offices of Joseph R. Cincotta practices general civil litigation throughout Wisconsin including, challenging trusts, claims in probate, challenging wills, and special matters in real estate and land use and eminent domain disputes. Our firm represents plaintiffs who need help in civil litigation cases. We bring extensive experience and professionalism to every case and customize our support to your individual needs and concerns. We practice an honest approach about the practicalities of litigation while taking an active listening role with our client.
Will continue to keep this petition updated but will also be using this Facebook page: