NUMB:
991483
VER:
SUBSTITUTE
REF:
XXBY:
THE CHAIR
TITL:
Substitute resolution to grant a special privilege to Gino Fazzari, the owner of Calderone Club, to place a covered walk on the east side of Old World Third Street with a door swing projection beneath the covered walk, and another door swing projection within the public right-of-way, adjacent to 840 Old World Third Street, in the 4th Aldermanic District in the City of Milwaukee.
...ANLS:
___________________________________________________________
- Analysis -
This special privilege grants Gino Fazzari, the owner of Calderone Club, permission to place and maintain a covered walk on the east side of Old World Third Street and two door swing projections which encroach into the public right-of-way, abutting the premises at 840 North Old World Third Street. ___________________________________________________________
BODY:
Whereas, The applicant desires to place and maintain a covered walk at the Old World Third Street entrance to the premises located at 840 Old World Third Street, being the site of his restaurant, Calderone Club; and
Whereas, Field investigation found two doors adjacent to 840 Old World Third Street that when fully opened, encroach into the public right-of-way of Old World Third Street and West Kilbourn Avenue by more than the 12 inches allowable by Section 245-4-8 of the Milwaukee Code of Ordinances; and
Whereas, Said covered walk and door swing encroachments may only legally encroach into 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 Gino Fazzari, the owner of Calderone Club, 840 North Old World Third Street, Milwaukee, WI 53203, is hereby granted the following special privileges:
1. To erect and maintain a covered walk at the property known as 840 Old World Third Street. Said covered walk, 6 feet 6 inches in width, is to be centered approximately 27 feet south of the southline of West Kilbourn Avenue and shall encroach approximately 13 feet 8 inches into the 15-foot wide fully concrete paved sidewalk area on the east side of Old World Third Street at the 840 Old World Third Street premises.
The covered walk shall be 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 will be centered approximately 2 feet 8 inches from the present curbline. There shall be an approximately 6-foot 6-inch wide opening between the vertical supports which parallel the curb face. The minimum vertical clearance between the skirt of the covered walk and the sidewalk below shall be 8 feet 6 inches.
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 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. Although the proposed logo is to be 20 inches by 48 inches, the height of the letters shall be no greater than 6 inches.
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 unless otherwise provided.
Prior to installation, permits shall be obtained from the Departments of Public Works and Neighborhood Services/City Development for the covered walk structure itself and from the Department of Public Works to occupy the right-of-way during construction, as necessary.
2. To use and maintain one door at the building known as 840 Old World Third Street that, when fully opened, projects 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 door, located on the east side of Old World Third Street, is centered approximately 27 feet south of the southline of West Kilbourn Avenue, and its maximum encroachment is approximately 3 feet 5 inches into the 15-foot wide sidewalk area.
3. To use and maintain one door at the building known as 840 Old World Third Street that, when fully opened, projects into the public right-of-way in excess of the 12-inch maximum distance permissible under Section 245-4-8 of theMilwaukee Code of Ordinances. The door, located on the south side of West Kilbourn Avenue, is centered approximately 32 feet east of the eastline of Old World Third Street and its maximum encroachment is approximately 3 feet into the 14-foot wide sidewalk area.
Said covered walk and door swing encroachments shall be constructed, installed, used and/or maintained 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, Gino Fazzari, 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 $84.97. 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
January 24, 1999
991483