Honorable Members:

 

Below, please find my summary of what staff (office of the City Clerk, office of Environmental Sustainability, and office of the City Attorney) have concluded regarding the Fritz’s application for a Certificate of Appropriateness (CoA) for their solar energy installation.  All parties have reviewed it and raised no objection.

 

I would also ask that you review the attached opinion of the office of the City Attorney, requested by the office of the Mayor, on this same subject.  It concerns those issues addressed in points 1 and 2 below and discusses them in significantly more detail.

 

Should you have questions of me, please do not hesitate to contact me at your convenience.

 

Respectfully,

 

Jim

 

Jim Owczarski, CMC

City Clerk

City of Milwaukee

(414)-286-2998

http://milwaukee.legistar.com/

 

Review of Issues Concerning Fritz Family Request for CoA

 

1.      The Fritzs, by the Code of Ordinances, are entitled to a hearing and, within a limited period of time, a decision on their request for a CoA.

 

2.      The HPC has the authority to review this request for CoA.  It may approve, deny or approve it in a modified form.  It must do so, however, in terms that comply with the state statute pertaining to the installation of solar energy systems which places significant limitations on the ambit of the HPC’s authority.  Should the CoA be denied or granted under conditions unacceptable to the Fritzs, they may appeal that decision to the full Common Council.

 

3.      As this is a tax credit project, the granting of the CoA would not violate the City’s MoA with the SHPO.  Were this a grant of federal money, the project would be subject to SHPO as well as federal review.  This would not change the conclusions drawn in #2 above, but would add additional layers of review.

 

4.      Every effort should be taken to ensure that future solar projects be installed with the appropriate permits and, when required, with a CoA.  Among other things, this will permit HPC staff to make suggestions that might improve the project or mitigate its negative effects on a property while at the same time complying with the state statute.