Number
030912
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution granting a special privilege to 400 North Broadway, LLC to construct and maintain balconies, a concrete platform with steps, platforms, fixed awnings and excess door swings encroaching into the public ways abutting 402 North Broadway, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants a special privilege to 400 North Broadway, LLC to construct and maintain balconies, a concrete platform with steps, platforms, fixed awnings and excess door swings encroaching into the public ways abutting 402 North Broadway.
Body
Whereas, The applicant proposes to construct balconies, a concrete platform with steps, platforms, and fixed awnings that will encroach into the public rights-of-way on the north side of East St. Paul Avenue and the east side of North Broadway, adjacent to the premises at 402 North Broadway; and
Whereas, Sections 245-4-7-d and 245-4-7-e of the Code of Ordinances read as follows:
d. The roof of fixed awnings shall slope from the building or structure and such slope shall not exceed an angle of 45°, and be not less than 30° from the horizontal.
e. Fixed awnings which are not constructed to permit the passage of rain or snow through open slots, slats or louvres in the roof thereof shall be provided with snow guards (ch. 252) and with gutters and conductors connected with the house sewer or drain (ch. 225) and the plans submitted show that these items are not proposed to be complied with; and
Whereas, Inspection of building plans revealed that platforms and excess door swings also will encroach into the public rights-of-way; and
Whereas, Review of recent detailed plans indicates concrete platforms to be placed in front of each of four sets of excess double-door encroachments on the North Broadway side of the building; and
Whereas, The proposed balconies, concrete platform with steps, concrete platforms, non-Code compliant fixed awnings and excess door swings may only encroach into the public right-of-way by the granting of a special privilege by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that 400 North Broadway LLC, 10535 West College Avenue, Franklin, WI 53132 is hereby granted the following special privileges:
1. To install, use and maintain balconies, which extend approximately 6 feet into the 80-foot wide East St. Paul Avenue right-of-way, abutting 402 North Broadway, as follows: located at the fifth, sixth, seventh, and eighth levels, with each level to have 3 balconies, each approximately 12-feet long, extending into the public right-of-way on the north side of East St. Paul Avenue. The Milwaukee Code of Ordinances, Section 245-4-9, only allows a 4 foot projection.
- To construct, use and maintain a concrete platform with steps that will encroach about 4 feet 7-1/2 inches into the approximately 15.2-foot wide public sidewalk area on the north side of East St. Paul Avenue, adjacent to 402 North Broadway. The platform and steps with handrail is to be about 30-feet 4-inches long, be approximately 2 feet 6 inches to 3 feet above grade and begin at a point approximately 78 feet east of the eastline of North Broadway and extend east. The platform structure consists of a concrete slab on grade with a 3-foot 6-inch high painted steel railing enclosing the outside of the structure A concrete wall and footing is located around the platform approximately 4 feet below grade. Approximately 2-foot 4-inch long stairs are located at the east end of the structure.
3. To construct, use and maintain four concrete platforms approximately 0 feet 6-9/16 inches high, projecting approximately 3 feet with the north two being approximately 6 feet 6 inches in width and the south two being approximately 5 feet 8 inches in width on the North Broadway side of the building at 402 North Broadway and centered on the doors of item 9 below.
4. To construct and maintain a 20-foot 5-inch wide non-Code compliant fixed awning extending approximately 10 feet into the 100-foot wide public right-of-way of North Broadway. Section 245-7 of the Milwaukee Code of Ordinances only allows a 6-foot projection. The fixed awning begins approximately 40 feet north of the northline of East St. Paul Avenue and extends north. The clear height above the sidewalk is 7 feet 11 ½ inches. The angle between a horizontal and the roof is allowed to be 22°. Non-louvering and non-downspouts are allowed.
5. To construct and maintain four non-Code compliant fixed awnings located on the west side of the building at 402 North Broadway projecting into the east side of North Broadway 3 feet 4 inches. The two northern awnings are each approximately 7-feet 9-inches wide and the two southern awnings are each approximately 7-feet 0-inches wide. The angle between a horizontal and the roof is allowed to be 22°. Non-louvering and non-downspouts are allowed.
6. To construct and maintain eight non-Code compliant fixed awnings located on the south side of the building at 402 North Broadway projecting into the north side of North Broadway 3 feet 4 inches except the east one which projects 3 feet 3-5/16 inches. The west awning is 10-feet
6-inches wide, the rest of the awnings are 11-feet 11-inches wide.
7. To install, use and maintain two excess door swing encroachments at the building known as 402 North Broadway that, when fully open, project into the public right-of-way in excess of the 12 inch maximum distance permissible under Section 245-4-8 of the Milwaukee Code of Ordinances. The doorways are centered approximately 79 feet (over the large platform ) and 120 feet (at-grade ) east of the eastline of North Broadway and their maximum encroachment is approximately 3 feet into the approximate 15.2 foot wide sidewalk area on the north side of East St. Paul Avenue.
8. To install, use and maintain a double-leaf gate excess swing encroachment at the power transformer for the building at 402 North Broadway that, when fully open, projects into the right-of-way in excess of the 12 inch maximum distance permissible under Section 245-4-7 of the Milwaukee Code of Ordinances. The gates are centered approximately 179 feet east of the eastline of North Broadway and its maximum encroachment is approximately 2 feet 3-9/16 inches into the approximate 15.2-foot wide sidewalk area
9. To install, use and maintain four sets of 6-foot 10-inch high double-door excess-swing encroachments into the east side of North Broadway at the building located at 402 North Broadway. The total encroachment, when fully open, is approximately 3 feet and occurs over the platforms of item 3. above. The centerline of these doors is approximately 6.5, 15, 255 and 31.5 feet north of the northline of East St. Paul Avenue.
Said items shall be constructed, kept and/or maintained to the approval of the Departments of Public Works and Neighborhood Services and all necessary permits shall be procured from the Departments of Public Works and City Development. No alteration or replacement of any item may be made without the written approval of these Departments
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, 400 North Broadway, LLC, shall:
1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
2. File with the City Clerk a bond of a surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $10,000.00 such bond to be approved by the City Attorney. The applicant shall also file with the City Clerk a certificate of insurance indicating applicant holds a public liability policy in the sum of at least $250,000 covering bodily injury to any one person and $500,000 covering bodily injury to more than one person in any one accident and $100,000 covering property damage to any one owner on the area or areas included within the special privilege and naming the City of Milwaukee as an insured. Both bond and insurance policy shall provide that they shall not be canceled until after at least thirty days' notice in writing to the City Clerk.
3. Pay to the City Treasurer an annual fee which has an initial amount of $1,158.20 subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
4. Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council not only remove all construction work executed pursuant to this special privilege, but shall also restore to its former condition and to the approval of the Commissioner of Public Works any curb, pavement or other public improvement which was removed, changed or disturbed by reason of the granting of this special privilege. Such grantee shall be entitled to no damages due to the alteration and/or removal for such purposes.
5. Waive the right to contest in any manner the validity of Section 66.0425 of the Wisconsin Statutes (1999), or the amount of the annual fixed fee, payable on or before July 1st of each year.
6. Put this special privilege into use within one year after approval by the Common Council of the City of Milwaukee; failing to do so in the time specified, the Commissioner of the Department of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
JJM:cjt
January 23, 2004
030912