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Request from Scott Brunner for an encroachment to build a new garage within an existing public utility easement at 629 N. 77th Street
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Submitted by:
Jennifer Stilling
Department
Public Works
A. Issue
The applicant is requesting to reconstruct a garage at the rear of the property that will encroach upon a City utility easement.
B. Background/Options
An existing shed currently is located on the southwest corner of the lot and is partially within the easement at the rear of the lot. The attached City GIS exhibit shows the sanitary sewer main as a green line, the water main as a blue line, and the easement lines are the light grey dashed lines. The easement width extends 9 feet from the rear lot line and the water main is located approximately 4.5 feet from the rear lot line. The easement was established in 1929 and the 6-inch water main was lined in 2015.
The existing garage and shed is proposed to be removed and replaced with a combined structure that will be 29.5 feet deep. The location of the proposed structure is shown on the attached plat of survey. Due to the angled rear lot line, the requested encroachment will vary from 3.44 feet at the southwest corner of the proposed structure to approximately 0.09 feet at the northwest corner. This request places the structure approximately 1 foot from the center line of the water main at the proposed southwest corner. The water and sewer laterals for the property appear to be located north of the proposed structure location.
The applicant has provided e-mailed letters of support from 2 adjacent neighbors. The applicant has also provided information as to why the design cannot be modified in the attached e-mail to staff dated April 22nd.
While it is acknowledged that this proposal is an improvement from the current non-authorized garage and shed encroachment, City staff does not recommend approval of construction of this permanent structure within the City’s utility easement.
C. Strategic Plan (Area of Focus)
Priority Area Three: Infrastructure
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 does not recommend approval of the proposed structure within the City utility easement. However, if the BPW and Common Council decide to allow this request, City staff recommends that approval of the request should be subject to the following conditions:
1. The execution of the necessary Hold Harmless Agreement.
2. Executed Encroachment Agreement - executing unto the City of Wauwatosa an indenture setting forth the terms, provisions, and condition relating to the granting of the aforesaid permission by said City to said applicant.
recommendation
Recommendation: Common Council