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.