NUMB:
000110
VER:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution granting a special privilege to Anthony Depalma to construct and maintain a front porch encroaching into the public way at 1852-54 East Kenilworth Place, in the 3rd Aldermanic District in the City of Milwaukee.
ANLS:
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- Analysis -
This resolution grants a special privilege to Anthony Depalma to construct and maintain a front porch encroaching into the public way at 1852-54 East Kenilworth Place.
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BODY:
Whereas, The applicant wishes to construct a front porch structure with handicap accessibility, that will encroach approximately 4 feet into the approximately 12-foot wide public sidewalk area at the northeast side of East Kenilworth Place, adjacent to the premises at 1852-54 East Kenilworth Place; and
Whereas, The proposed front porch structure 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 Anthony DePalma, 1854 East Kenilworth Place, Milwaukee, WI 53202 is hereby granted the following special privileges:
To construct and maintain a front porch, that will encroach 4 feet into the approximately 12-foot wide public sidewalk area on the north side of East Kenilworth Place, adjacent to 1852-54 East Kenilworth Place. The porch, which is approximately 29 feet 9 inches wide and approximately 8-inches above grade, begins at a point approximately 72 feet northwest of the westline of North Farwell Avenue and extends northwest. The deck structure consists of a concrete floor with wood posts and a 3-foot 8-inch high decorative wrought iron railing enclosing the outside of the porch structure. A ramp for handicap accessibility is incorporated into the concrete floor at the east end of the porch structure.
Said porch structure encroachment 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 Neighborhood Services/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, Anthony Depalma, 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 $3,000.00 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 $159.65. 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 66.045 of the Wisconsin Statutes (1979), 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.
DFTR:
Infrastructure Services Division
JJM:cjt
June 19, 2000
000110