Number
011141
Version
SUBSTITUTE
Reference
951094
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege granted to Country Creek Homes, Inc., to erect and maintain a covered walk on the south side of East Pleasant Street within the public right-of-way at 719 East Pleasant Street, to now change the name of the grantee of the special privilege to St. George Apartments LLC and also add permission for an excess door swing encroachment, in the 3rd Aldermanic District in the City of Milwaukee.
Analysis
This resolution amends a special privilege granted to Country Creek Homes, Inc., to erect and maintain a covered walk on the south side of East Pleasant Street encroaching into the public right-of-way abutting the premises at 719 East Pleasant Street, by changing the name of the grantee of the special privilege to St. George Apartments LLC and also adds permision for an excess door swing encroachment.
Body
Whereas, Country Creek Homes, Inc. was granted a special privilege under Common Council Resolution File Number 951094, on December 19, 1995, to erect and maintain a covered walk at the East Pleasant Street entrance to the building located at 719 East Pleasant Street; and
Whereas, The current owner of the property is St. George Apartments LLC and should now be named as the grantee of the special privilege; and
Whereas, Our field viewing and measurements revealed: 1) a dimensionally different structure than that indicated in the adopted resolution; 2) no loading zone signage posted; 3) no carriage walk from curb to main sidewalk at entrance to building, where covered walk is located; 4) excess door swing encroachment; and
Whereas, The critical deviated dimension is the required minimum 8-feet vertical clearance from sidewalk to the lowest point of the structure, being the fringe (valance, skirt); and
Whereas, Since the present covering is already in place, it is appropriate and prudent to require that when it is replaced, the next covering/structure comply with the 8-foot minimum vertical clearance; and
Whereas, The Policy Resolution, Common Council Resolution File Number 62-1211a, regarding covered walks requires that "no parking at the curb at the proposed canopy location, through a loading zone or by city ordinance" and it cannot be determined why there is currently not compliance with the policy at this location; and
Whereas, Said covered walk may only legally occupy the public right-of-way by the granting of a special privilege resolution by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 951094 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that St. George Apartments LLC, P.O. Box 511063, Milwaukee, WI 53203, is hereby granted the following special privileges:
1. To keep and maintain a covered walk at the property known as 719 East Pleasant Street. Said covered walk, 8 feet in width, is centered approximately 123 feet west of the westline of North Cass Street and encroaches approximately 10.4 feet into the 19.6 foot wide sidewalk area on the south side of East Pleasant Street at the 719 East Pleasant Street address. The covered walk is supported by the building and by two vertical supports near each corner closest to the curb along each side of the covered walk. Each vertical support nearest the curb is centered approximately 9 feet from the curbline. There is an approximately 8-foot wide opening between the vertical supports, which parallel the curb face. The minimum required vertical clearance between the skirt of the covered walk and the sidewalk below is 8 feet; however, the present structure and covering, which provides only 7.4 feet of clearance shall be allowed to remain until a new covering is put on and at that time the 8.0-foot clearance shall be provided and if not complied with, it shall constitute grounds for ordering removal of the structure.
2. To keep and maintain an excess door swing projection of a 3.0 foot wide door at the location of item 1 above. Projection shall be approximately 20 inches in excess of the 12 inches allowable by Sec. 245-4-8 of the Code of Ordinances.
Said covered walk shall generally be constructed in accordance with the policies set forth in Common Council Resolution File Number 62-1211-a, adopted July 24, 1962. The covered walk frame shall be designed and supported to withstand snow and other loads of not less than 25 pounds per square foot applied in any direction. No guy wires, brackets or diagonal braces shall be permitted lower than 8 feet above the sidewalk level. The covering shall be of approved material.
All fixtures and materials for illumination of covered walk shall be indicated upon the construction plans and approved prior to installation. No sign or advertising device shall be hung from, attached to, printed or painted on any part of the covered walk. The name, street number, or character of the business may be indicated only on the vertical portion of the covering and shall not exceed 12 inches in height.
The grantee is required to keep a "Loading Zone" or have a "No Parking" status adjacent to the covered walk as long as the covered walk occupies the public right-of-way;
and, be it
Further Resolved, That the grantee shall in a reasonable period of time after adoption of this resolution, apply for and obtain a loading zone and in addition the grantee shall strongly consider the City's recommendation to construct a sidewalk pavement, a minimum of 3.0 feet in width, extending from the curb to the main public sidewalk.
Said covered walk and door projection shall be maintained and used to the approval of the Commissioners of the Departments of Neighborhood Services and Public Works and all necessary permits for all items, including any concrete sidewalk;
and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, St. George Apartments 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 $1,000.00 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 $25,000 covering bodily injury to any one person and $50,000 covering bodily injury to more than one person in any one accident and $10,000 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 $81.42. The 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 66.0915((3) 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
JJM:cjt
February 26, 2002
011141