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Request by Amy Schmidt of Superior Fence and Rail of Milwaukee for a fence encroachment within the City right-of-way at 11605 Garfield Avenue
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Submitted by:
Jennifer Stilling
Department
Public Works (Engineering Services)
Issue
The applicant has requested to encroach within the City right-of-way with a four feet high cedar/wood privacy fence with cap and trim at 11605 Garfield Avenue. This request is being made on behalf of the property owner, Jessica Darczuk.
Background/Options
The location of the proposed fence is shown on the attached plat of survey. The distance between the back of existing curb to the right-of-way line is approximately 15 feet. The fence is proposed to be installed 8 feet within the City right-of-way. The applicant has also provided the attached encroachment request narrative.
A 26-inch Honey Locust City street tree is located near the proposed encroachment. City Forestry does not object to the encroachment but requests that when the City prunes the tree the homeowner cleans up any tree debris that falls within the enclosed fence area. City Forestry prunes the tree every ten years and will do their best to minimize the amount of debris that falls within the enclosed fence area.
There are no existing public utilities within the proposed encroachment area. There is no sidewalk currently on the south side of Garfield Avenue and there are no immediate plans to add one in this area. If in the future there is a plan to install a public sidewalk, the homeowner will be responsible for moving the fence at their expense.
Strategic Plan (Area of Focus)
Priority Area Five: Quality of Life
Fiscal Impact
No impact to the City of Wauwatosa.
Recommendation
Staff recommends approval of the encroachment agreement subject to execution of a Hold Harmless agreement. Staff also recommends that language should be added to the standard Hold Harmless agreement that the owner will be responsible for debris that falls within the e...
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