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File #: 26-0113    Version: 1 Name:
Type: Action Item Status: Passed
File created: 1/12/2026 In control: Board of Public Works
On agenda: 1/21/2026 Final action: 1/21/2026
Title: Request by Michael Stefan for encroachments within a City utility easement at 7754 Harwood Avenue
Sponsors: Engineering
Attachments: 1. Casa de Corazon_ Proposed Encroachment_1-14-26.pdf
Related files: 26-0199

title
Request by Michael Stefan for encroachments within a City utility easement at 7754 Harwood Avenue

 

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Submitted by:

Jennifer Stilling

Department

Public Works Department (Engineering Services Division)

 

A.                     Issue

Request by Michael Stefan for encroachments within a City utility easement at 7754 Harwood Avenue

 

 

B.                     Background/Options 

The attached plan shows the location of the existing utility easement highlighted in yellow with the proposed encroachments identified.  The applicant is proposing to install retaining wall/planting bed, a surface mounted 4 feet high fence and gates, a mulch playing surface and a playground within the easement to support the proposed day care facility at 7754 Harwood Avenue.  In general, staff does not have any objections to the retaining wall/planting bed, fence, gates, wood log border, or mulch playing surface.   The applicant will need to provide more information about the retaining wall/planting bed and clarify if the fence and gates will have foundations that will be in the ground.

 

The playground is located on top of an abandoned sanitary sewer.  The slide for this playground is located about 5 feet from the center of the active 8-inch public water main.  The 8-inch ductile iron public water main was installed in 1986.  It is recommended that the playground is rotated 90-degrees counterclockwise to allow for more room in between the public water main and the playground.

 

The City’s Water Superintendent has reviewed this request.  No water main line valves are located in the proposed encroachment area, but Water Department staff will need to access the main for maintenance and emergency purposes.  The applicant has been made aware that if the Board of Public Works and Common Council approves of the encroachment, the City is not liable for any damage, repair or replacement of any of the requested encroachments. 

 

C.                     Strategic Plan (Area of Focus)

Priority Area one: Economic Development and Financial Resilience

 

 

D.                     Fiscal Impact

No impact to the City of Wauwatosa.  All costs for proposed work will be at the owner’s expense.

 

E.                     Recommendation

Staff recommends approval subject to the following conditions:

1.                     Engineering approval of the Site plan/parking lot showing the revised location of the proposed playground, clarification on the gate and fence foundations, and details regarding the retaining wall/planting bed on the east side of the building. 

2.                     Executed Encroachment Agreement - executing unto the City of Wauwatosa an indenture setting forth the terms, provisions, and conditions relating to the granting of the aforesaid permission by the City to the applicant.

 

 

 

recommendation

Recommendation: Common Council