Number
030418
Version
SUBSTITUTE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to grant a special privilege to Delma Hasan to install, use and maintain a covered walk, excess door swings and building façade encroachment on the east side of North Dr. Martin Luther King Jr. Drive at 2370 North Dr. Martin Luther King Jr. Drive within the public right-of-way at the building entrance, in the 6th Aldermanic District in the City of Milwaukee.
Analysis
This special privilege grants Delma Hasan permission to install, keep and maintain a covered walk on the east side of North Dr. Martin Luther King Jr. Drive encroaching into the public right-of-way abutting the premises at 2370 North Dr. Martin Luther King Jr. Drive. It also grants permission for existing excess door swing encroachments and building façade encroachment to continue.
Body
Whereas, The applicant desires to have a covered walk at 2370 North Dr. Martin Luther King Jr. Drive, which extends into the public right-of-way on the east side of North Dr. Martin Luther King Jr. Drive; and
Whereas, Our field investigation revealed:
a) 3-foot door-swing encroachment at location of proposed covered walk.
b) 3-foot door-swing encroachment at south end of building for upstairs apartment.
c) South end of building is approximate location of rear of existing bus stop.
d) 1st floor building façade encroaches approximately 0.4 feet.
e) Existing stationary fixed awnings across entire building; and
Whereas, Said items 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 Delma Hassan, 2370 North Dr. Martin Luther King Jr. Drive, Milwaukee, WI 53212 is hereby granted the following special privileges:
1. To install, keep and maintain a covered walk at the property known as 2368-70 North Dr. Martin Luther King Jr. Drive. Said covered walk, 6.0 feet in width, is centered approximately 67 feet south of the southline of West Meinecke Avenue and encroaches approximately 10 feet into the 12-foot wide sidewalk area on the east side of North Dr. Martin Luther King Jr. Drive at the 2370 North Dr. Martin Luther King Jr. Drive 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 is centered approximately 2 feet east of the present curbline. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below is approximately 8 feet. The 3-foot wide externally swinging door, at the covered walk location, is also allowed to encroach.
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 and wind pressure of 20 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 the 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.
The grantee will be 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. If the present bus stop is eliminated, grantee would be required to obtain and keep a loading zone.
2. To keep, use and maintain an existing 3-foot wide externally swinging door centered approximately 82 feet south of the southline of West Meinecke Avenue.
3. To keep and maintain a 1st floor building façade encroachment of approximately 0.4 feet for a length of approximately 30 feet.
Permits shall be obtained from the Departments of Public Works, and City Development for the covered walk structure itself and from the Department of Public Works to occupy the right-of-way, as necessary.
Said covered walk shall be constructed, installed, maintained and used to the approval of the Departments of Public Works and Neighborhood Services
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Delma Hasan, 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 $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 $157.03. 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 66.0425 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
September 9, 2003
030418