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#1 Grant temporary easement for O'Riley & Conway's Tavern (File Res. #2010-699) Community Development Department Memorandum Date: May 5, 2010 TO: Janesville City Council FROM: Gale Price, AICP, Manger of Building and Development Services SUBJECT: Action on a proposed Resolution granting a temporary limited easement for an encroachment of installation of ventilation equipment and facade construction for O’Rileys & Conway‘s Tavern, 214 West Milwaukee affecting property at 200 West Milwaukee Street (File Resolution No. 2010- 699) _____________________________________________________________________ Summary Ed Quaerna owner of O’Rileys & Conway’s Tavern and Joe Quaerna owner of the property located at 214 West Milwaukee Street (location of the tavern) have requested a temporary limited easement for the installation of ventilation equipment and façade construction at 214 West Milwaukee Street. The proposed temporary limited easement will allow for installation of a cooking hood fan out of the east side of the building and to allow the wood façade treatment on the eastern side of the building. The easement is proposed to be temporary in nature since the City owns the adjoining property to the east. City Manager’s Recommendation The City Manager defers to the Plan Commission recommendation. Suggested Motion Move to adopt File Resolution No. 2010-699, granting a temporary limited easement for encroachment of and installation of ventilation equipment and façade construction for O’Rileys & Conway’s Tavern, 214 West Milwaukee Street affecting property at 200 West Milwaukee Street. Background A. O’Rileys & Conway’s Tavern is a new commercial use located in the lower level of the structure located at 214 West Milwaukee Street in the downtown area. The tavern is a complete rehabilitation of a space occupied by a previous tavern within the building. The rehabilitation of the building and space includes the installation of a new commercial kitchen to serve food for customers. As a part of the new kitchen, new ventilation equipment is necessary to expel grease laden fumes from the space and to meet the requirements of the Wisconsin Commercial Building Code. B. The installation of the ventilation equipment includes a cooking hood over a grill connected to a commercial hood fan that vents to the outside. Because there is an existing tenant in the upper floor of the building the applicant cannot extend the hood duct up through the space, thus they either need to extend the duct out of the back and up the rear of the building or directly out through the of east wall, which will not require extension of duct work up the side of the building. Because the property line between 214 West Milwaukee and 200 West Milwaukee is at the exterior wall of 214 West Milwaukee, an easement to allow the encroachment is required. That easement would be temporary in nature to prevent any structural encroachment within 10 feet of the hood fan. C. In addition the exterior wood façade treatment at the southeast corner of the building also needs an easement because the façade and lights cross the property line between the two properties. Such treatments are permitted by the Wisconsin Commercial Building Code, but also needs to be specifically permitted under an easement if it is to cross the property line. D. The commercial building code allows such encroachments to occur when there is an easement in place to protect the parties. In this case the easement is broken down into two sections. A 13 foot by 26 foot easement at the northeast corner of the tavern property for the hood fan and a 3 foot by 23 foot easement at the southeast corner of the tavern property to address the wood façade treatment. The 13 foot dimension for the fan encroachment is identified since the clear area around the hood fan must be 10 feet beyond the hood fan, which is 3 feet in length. E. The easement is temporary in nature to protect the City’s interest in the real estate at 200 West Milwaukee. If the City or later owner was to redevelop the property with a building that extended up to the property line and the exterior of the building, a permanent easement would prevent any building from being within 13 feet of the exterior of the building where the hood is. With this temporary easement the City can require the owner of 214 West Milwaukee Street to remove the hood fan within 90 days of a written request of the City and the owner of 214 West Milwaukee must relocate it within the requirements of the Wisconsin Commercial Building Code. Since the easement is temporary in nature and no City assistance has been given to the project, the City will not charge a fee for the easement. The easement will not affect the parking within the lot as that activity does not qualify as a “structure” and is permitted to continue. F. The Plan Commission and Community Development Department believes that the proposed easement creates a reasonable solution to the tavern owners need to meet the code requirements while protecting the public interest as the City owns the adjoining property at 200 West Milwaukee. The Plan Commission at its May 3, 2010 meeting determined that the granting of the requested easement for the encroachment is consistent with City Plans and unanimously voted (4-0) to forward a positive recommendation for its approval to the City Council. Plan Commission Minutes May 3, 2010 Gale Price, Manager of Building & Development Services, presented the written staff report. There was discussion regarding similar wall situations that may arise in the future and responsibility for the maintenance of those walls. Chairperson Helgerson mentioned that the owner of the building should clean the vent from the upstairs restaurant. She added that for aesthetic purposes, the new vent should be lined up with the current vent and Price indicated that the intended position of the new fan will be underneath the other one in the same area but that there needed to be 10 feet of clearance between the two. There was a motion by Commissioner Perrotto with a second by Commissioner Voskuil to forward this item to the City Council with a favorable recommendation motion. The motion carried on a 4-0-0 vote. cc: Brad Cantrell RESOLUTION NO. 2010-699 A resolution granting a temporary limited easement for the encroachment of ventilation equipment and facade construction for O’Rileys & Conway ‘s Tavern, 214 West Milwaukee over City of Janesville owned property at 200 West Milwaukee Street (File Resolution No. 2010-699). WHEREAS , the City of Janesville, a Wisconsin Municipal Corporation located in Rock County, Wisconsin, is the owner of certain real property located at 200 West Milwaukee Street desires to grant the temporary limited encroachment easement as described in attached Exhibit A; and WHEREAS , Joseph T. Quaerna and Amy Lou Quaerna, owners of the real estate located at 214 West Milwaukee Street, and Ed Quaerna owner of the first floor tavern business use at that location, have requested that the City of Janesville grant to the property owner a temporary limited encroachment easement over the City’s property located next door to the east to facilitate their installation and use of a cooking hood fan ventilation equipment and east exterior wooden façade treatment construction for O’Rileys & Conway’s Tavern; and WHEREAS , the City Community Development staff have determined that the location and grant of this proposed easement do not conflict with the current or planned future use of city-owned lands in the easement area; and WHEREAS , the easement is revocable and may be fully and forever terminated by the City, at no cost or expense to the City, at any time upon written notice from the City to the current or future owner of the real property located at 214 West Milwaukee and the tavern owner in Suite 100 at 214 West Milwaukee Street will be required to remove the hood fan and wood façade treatment encroachments from the east wall of 214 West Milwaukee Street at their own expense. Furthermore the hood fan shall be required to relocated in accordance with the Wisconsin Commercial Building Code and the exterior wall returned to a code compliant fire wall, all at the total cost and expense of the owner of 214 West Milwaukee Street and/or the owner/operator of the tavern located at 214 West Milwaukee Street, Suite 100; and WHEREAS ; the redevelopment of Suite 100 within 214 West Milwaukee Street represents a significant investment in the property without City assistance and since the easement is temporary nature, the City shall not require payment for the easements covering the encroachments as described but such development and investment creates no current or future liability of any kind for the City; and WHEREAS , the Janesville Plan Commission, pursuant to Section 62.23, Wisconsin State Statutes, reviewed the granting of the easements to Joseph T Quaerna and Amy Lou Quaerna and found the easement to be consistent with City Plans but did not review the financial aspects of the transaction; and WHEREAS , providing these easements are in the best interest and of benefit of the City and its residents and businesses. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE that the City of Janesville hereby grants the easements to Joseph T. Quaerna and Amy Lou Quaerna as described in Exhibit A attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the City Manager and City Clerk of the City of Janesville are hereby authorized to negotiate, draft, enter into, and execute, on behalf of the City of Janesville, the proposed easements between the City and Joseph T. Quaerna and Amy Lou Quaerna, and prepare and file such other documents, forms, and papers pertaining to this transaction as the City Manager may, from time to time, find necessary or desirable to effectuate the intent of this resolution and/or easements. ADOPTED: Motion by: Second by: Council member Aye Nay Pass Absent APPROVED: Brunner McDonald Perrotto Eric J. Levitt, City Manager Rashkin Steeber ATTEST: Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Community Development Prepared by: City Attorney & Community Development J:\Attorney\Word\Shared\Resolution easement ORiley & Conway 2010-699.doc EXHIBIT A ATTACHMENT TO RESOLUTION NO. 2010-699 TEMPORARY LIMITED EASEMENT FOR AN ENCROACHMENT OF INSTALLATION AND VENTILATION EQUIPMENT AND FACADE CONSTRUCTION FOR O’RILEYS & CONWAY ‘S TAVERN, 214 WEST MILWAUKEE LEGAL DESCRIPTION Easement Area 1: The Grantor shall grant a 13-foot wide Temporary Limited non- exclusive easement for an encroachment for the installation of ventilation equipment within the following described area: Easement located in the Northwest ¼ of Section 36 Town 3 North, Range 12 East, Rock County, Wisconsin, more particularly described as follows: Beginning at the Northeast corner of lot 101 of Smith-Bailey & Stones Addition to the City of Janesville proceed 9 feet west and south along said north line of lot 101 to the point of beginning, thence proceed 13 feet west and south along said north line of lot 101 to a point thence proceed south and east approximately 41 feet on a line parallel to the east line of said lot 101 to a point thence proceed 13 feet east and north along a line parallel to the south line of said lot 103 to a point thence proceed north and west to the point of beginning approximately 41 feet, excluding the northern 15 feet of said lot 101. Easement Area 2: The Grantor shall grant a 3-foot wide Temporary Limited easement for an encroachment and installation of façade treatment within the following described area: Easement located in the Northwest ¼ of Section 36 Town 3 North, Range 12 East, Rock County, Wisconsin, more particularly described as follows: Beginning at the Northeast corner of lot 101 of Smith-Bailey & Stones Addition to the City of Janesville proceed 22 feet west and south along said north line of lot 101 thence 121 feet south and east along the west line of lot 101 and lot 103 of Smith-Bailey & Stones Addition to the City of Janesville to the point of beginning, thence proceed 23 feet along said west line of lot 103 to a point being on the south line of lot 103 of Smith- Bailey & Stones Addition to the City of Janesville, thence proceed 3 feet north and east along the south line of said lot 103 to a point, thence proceed 23 feet north and east on a line parallel to the east line of said lot 103 to a point, thence proceed 3 feet south and west on a line parallel to the south line of said lot 103 to the point of beginning.