Number
120625
Version
SUBSTITUTE 1
Reference
Sponsor
Title
Substitute resolution granting a special privilege to Bruce Schwabe to construct and maintain a covered porch with entrance structure, a historic building projection, basement entrance structure, fence and raised planter in the public right-of-way for the premises at 4238 West Orchard Street, in the 8th Aldermanic District.
Analysis
This resolution grants a special privilege to Bruce Schwabe to construct and maintain a covered porch with entrance structure, the west building facade, basement entrance structure, fence and raised planter in the public right-of-way for the premises at 4238 West Orchard Street.
Body
Whereas, The applicant is requesting permission to construct and maintain a covered porch and entrance structure in the public right-of-way to replace a previously existing structure that was damaged by an errant vehicle; and
Whereas, A site visit revealed the presence of a historic building projection, a basement entrance structure, a fence and a raised planter occupying the public right-of-way; and
Whereas, Said items may only legally encroach into the public right-of-way by granting of a special privilege resolution adopted by the Common Council; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that Bruce Schwabe, 4238 West Orchard Street, Milwaukee, WI 53215 is hereby granted the following special privileges:
1. To construct and maintain a roof-covered porch with entrance structure projecting 2 feet 5 inches into the north, 15-foot wide sidewalk area of West Orchard Street. Said structure commences at a point approximately 1-foot east of the eastline of South 43rd Street and extends east 23 feet 11 inches.
2. To construct and maintain a raised planter projecting 5 feet 5 inches into the north, 15-foot wide sidewalk area of West Orchard Street. Said planter commences at a point approximately 31 feet east of the eastline of South 43rd Street and extends 18 feet 11 inches to the east. The planter is surrounded by wood edging that is 4 inches wide and 4 inches tall. Total length of said edging is 29 feet.
3. To construct and maintain a wood fence in the east, variable width sidewalk area of South 43rd Street. The fence commences at a point approximately 60 feet north of the northline of West Orchard Street and extends 59 feet 8 inches to the north. Said fence encroaches approximately 2 feet into the public way at the south end and 5 feet at the north end.
4. To construct and maintain a basement entrance structure projecting into the east, variable width sidewalk area of South 43rd Street. Said entrance structure measures 6 feet 5 inches in length and 3 feet 4 inches in width. The structure is centered approximately 2 feet 3 inches west of the eastline of South 43rd Street and 10 feet north of the northline of West Orchard Street.
5. To construct and maintain an historic building encroachment consisting of the west building wall. Said building face commences at a point approximately 4 feet north of the northline of West Orchard Street and extends north 55 feet 11 inches. Said building encroaches 6 inches into the public way at the south end and 1foot 2 inches at the north end.
Said items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said items shall be maintained or removed from the public right-of-way, at such future time as they are no longer needed, to the satisfaction of the Commissioners of Public Works and Department of 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, Bruce Schwabe, shall:
- Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
- File with the Commissioner of Public Works 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. The insurance policy shall provide that it shall not be cancelled until after at least thirty days' notice in writing to the Commissioner of Public Works.
- Pay to the City Treasurer an annual fee, which has an initial amount of $468.84. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
- 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 and 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 or removal for such purposes.
- 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.
- 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 Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:clm
October 22, 2013