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Request by Janelle Habeck for a fence encroachment within the City right-of-way at 11510 Gilbert Avenue
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Submitted by:
Jennifer Stilling
Department
Public Works (Engineering Services)
A. Issue
Request by Janelle Habeck for a fence encroachment within the City right-of-way at 11510 Gilbert Avenue.
B. 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 14.5 feet. The fence was installed in 2020 to go around a Magnolia tree. The applicant was made aware that the fence was installed 4.5 feet in the City right-of-way when the lot was surveyed in fall of 2025.
City street light electrical is located directly behind the existing curb adjacent to this property and is not in conflict with the proposed encroachment. There are no other existing public utilities or street trees within the proposed encroachment area. There is no sidewalk currently on the north side of Gilbert Avenue and there are no immediate plans to add one in this block. 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.
C. Strategic Plan (Area of Focus)
Priority Area Five: Quality of Life
D. Fiscal Impact
No impact to the City of Wauwatosa.
E. Recommendation
Staff recommends approval of the encroachment agreement subject to execution of a Hold Harmless agreement.
recommendation
Recommendation: Common Council