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HomeMy WebLinkAbout09-247.docJUNE 23, 2009 09 -247 RESOLUTION (CARRIED LOST LAID OVER X WITHDRAWN ) UNTIL JULY 14, 2009 PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO MARK GLOMSTEAD, ETAL FOR PLACEMENT OF PRIVATE IRRIGATION SYSTEM WITHIN THE TERRACES ON FOX FIRE DRIVE AND EAST PHEASANT COURT AT 400 FOX FIRE DRIVE INITIATED BY: MARK GLOMSTEAD, ETAL, OWNER PLAN COMMISSION RECOMMENDATION: DENIED WHEREAS, Mark Glomstead, etal, requests the Common Council grant him a privilege in street to allow placement of a private irrigation system within the terraces on Fox Fire Drive and East Pheasant Court, adjacent to 400 Fox Fire Drive, per the attached; and WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege in a right -of -way; and WHEREAS, the Plan Commission recommends denial of this request. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant Mark Glomstead, etal and his contractor(s), the privilege of placing a private irrigation system within the terraces on Fox Fire Drive and East Pheasant Court, adjacent to 400 Fox Fire Drive, per the attached, contingent upon the following: 1) Owner becomes a member of Digger's Hotline system and complies with all requirements related to locating and compensation for mismarked /unmarked utilities. 2) The owner is responsible for any repairs to the system regardless of who marked or caused the damage. 3) All repairs must be made within 48 hours. 4) The owner and contractor(s) execute a hold harmless agreement with the City. 5) A right -of -way permit be obtained prior to resuming installation. 6) If no longer needed, the irrigation system must be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. JUNE 23, 2009 09 -247 RESOLUTION CONT'D 7) 8) 9) 10) 11) Any problem which may arise as a result of the placement of the irrigation system be the responsibility of the petitioner, contractors and owner to correct in accordance with Department of Public Works. The irrigation system be modified or removed immediately upon the request of the City. The petitioner and contractor(s) secure and submit to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. It is the responsibility of the petitioner /owner to file in a timely manner a new insurance certificate with the City Clerk upon the expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street upon 10 days notice. A document be recorded with the Register of Deeds listing the requirements for future property owners. 0 OfHKO.IH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kinne Director of C mty velopment DATE: June 18, 2009 RE: Approve Granting Privilege in Street to Mark Glomstead, etal for Placement of Private Irrigation System within the Terraces on Fox Fire Drive and East Pheasant Court at 400 Fox Fire Drive (Plan Commission Recommends Denial) BACKGROUND /SUBJECT PROPERTY The subject area is located on the west side of the city, north of W. 9 th Avenue and west of S. Oakwood Road with low- density residential uses. The petitioner is requesting a privilege in the right -of -way to allow placement of a private irrigation system to be placed in the terrace area between the public sidewalk and street. ANALYSIS The petitioner applied for a plumbing permit to install a new water supply for a lawn sprinkler system and assumed the permit was for the entire irrigation system; however the actual permit was for the water supply involving the backflow prevention device which is where City plumbing review authority ends (please see the attached memo from Director of Inspection Services, Allyn Dannhoff, on the permit issue). A site plan was submitted at the time of permit issuance; however it did not depict the location of the property lines, and the Plumbing Inspector did not do a review of the site plan since the City does not review the layouts of irrigation systems -only the water supply connection and backflow prevention device. The proposed sprinkler system consists of piping, various fixtures and several sprinkler heads along the outside edge of the sidewalk in the right -of -way. The irrigation system is located within feet from the water main and from the City's water stop box which would make repair or service to either of these facilities very difficult without damaging the sprinkler system. In order to protect the integrity of the City's utility system, the Department of Public Works recommends against allowing a private property owner the ability to install irrigation systems in the right -of -way as it creates unsafe conditions for workers if excavation is necessary, liability to the City if the system would be damaged, delays in construction, and conflicts with the terrace trees. Should the Council choose to approve the permit, staff recommends that the permit be granted with the following conditions: (1) Should utility work be necessary, the private system may be removed and not replaced; (2) The owner is responsible for any cost of repair to the City's utilities should the owner cause any damage. From the attached memo from Mr. Dannhoff, it is acknowledged that a misunderstanding took place. The Plumbing Inspector was under the impression the homeowner understood that the permit only applied to the water supply connection/backflow prevention device while the homeowner was under the impression the permit related to the overall irrigation system. Mr. Dannhoff notes that in the future the Plumbing Inspectors will take steps to provide a clarification on what is being permitted and to direct homeowners to the Department of Public Works Engineering Division for any work proposed in the right -of -way. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission denied this request at its June 16, 2009 meeting. Approved, Cit Manager City of Oshkosh - Dept of Community Development Inspection Services Division PO Box 1130 OJHKOfH ON THE WATER 215 Church Ave Oshkosh, WI 54903 -1130 Ph (920) 236 -5050 Fax (920) 236 -5084 MEMORANDUM TO: Jackson Kinney, Director of Community Development FROM: Allyn Dannhoff, Director of Inspection Services t DATE: June 18, 2009 RE: Lawn Irrigation System, 400 Fox Fire Dr. The present situation (irrigation system installed in the terrace) seems to have evolved as a result Of a misunderstanding of what was being reviewed and permitted when the Plumbing issued. For clarification purposes one should understand the Inspections office is responsible for administering Plumbing Code requirements related to the backflow protection and water supply leading to a lawn irrigation system. Everything beyond the backflow protection is not considered plumbing. Therefore, this office does not review lawn irrigation system plans and prior to this case we cannot recall a case where an irrigation plan was provided, because we do not require irrigation plans to be submitted to obtain a Plumbing Permit for the water supply and backflow protection for an irrigation system. In this case, when the owner came in to secure the required Plumbing Permit, apparently there was significant discussion on backflow prevention with the homeowner and little or no discussion on the actual sprinkler system beyond the backflow prevention device. While the owner did provide a copy of the irrigation plan, our Plumbing Inspector's focus was on the water supply and backflow protection because we have no rules to apply to the piping beyond the backflow protection. As a result, our Plumbing Inspector did not review the irrigation system plans for any potential code concerns. This resulted in a misunderstanding of what was actually being reviewed and approved. The owner thought he was obtaining a Plumbing Permit for the entire system (including the portion in the terrace,) whereas our Plumbing Inspector was only issuing a permit for the water supply and backflow protection (as noted on the Plumbing Permit.) This misunderstanding was not evident until it was discovered an irrigation system was being installed in the terrace. As a result of this case, the Plumbing Inspectors are now more aware of the potential for this misunderstanding and will take steps to clarify what is being permitted and to provide advice_ to secure approvals from the Engineering Division for any proposed work in the right of way. 0 CITY OF OSHKOSH No 136245 OSHKOSH PLUMBING PERMIT -APPLICATION AND RECORD ON THE WATER Job Address 400 FOX FIRE DR Owner MARK T/TAMMIE H GLOMSTEAD Create Date 05/22/2009 Contractor HOMEOWNER Category 420 - Residential -Other Plan Bathtub Shower Water Softner Wait. St. Shamp Sink Coffee Maker Whirlpool Floor Drain Local Waste Ice Chest FIr/Wst Sink Int GreaseTrap Lavatory Lndry Tray Clothes Wshr Exam Sink Catch Basin Ext Grease Trap Toilet Disposal Bidet Sculry Sink Wash Ftn RPZ Valve Res. Sink Dishwasher Beer Tap Hand Sink Urinal Eye Wash Statn Bar Sink Sump Pump Lab Sink Plaster Sink Standp Rec Wtr Sewer Mtrs Water Heater Classrm Sink Sterilizer Surgeons Sink Ice Maker Deduct Meters Site Drain Breakrm Sink Dip Well F Prep Sink . Gar Drain Wtr Usage Mtrs - Roof Drain Ejector /Grind Drink Ftn Sery Sink Soda Disp Misc. 1 awn irrigation system Fixtures Use /Nature Install water supply for new lawn irrigation system with cross connection protection. of Work Size Material Type # Conn. Type Parcel Id # 0657180000 Valuation $800.00 Plan Approval $0.00 Permit Fees $25.00 ❑ Permit Voided Issued By Date 05122/ -009 The undersigned, in applying for a plumbing permit to install plumbing in a single family home owned and occupied as the principle residence of the undersigned, hereby acknowledges, per Wisconsin State Statutes, ss 145.06, that other individuals will not be employed to assist with the work described by this permit. If an individual will be employed to install plumbing the work involved must be covered by a permit issued to a p roperly licensed Master Plumber. In the performance of this work, 1 agree to perform all work pursuant to rules governing the described construction. Signature Date Address 400 FOX FIRE DR Agent/Owner OSHKOSH WI 54904 6580 Telephone Number 426 -3765 To schedule inspections please call the Inspection Request line at 236 -5128 noting the Address, Permit Number, Type of Inspection (i.e. Footing, Service, Final, etc.), Access into Building if Secure (how do we gain entry), your Name and Phone Number. Unless specified otherwise, we will assume the project is ready at the time the request is received. Work may continue if the inspection is not performed within two business days from the time the project is ready. While the City of Oshkosh has no authority to enforce easement restrictions of which it is not a party, if you perform the work described in this permit application within an easement, the City strongly urges the permit applicant to contact the easement holder(s) and to secure any necessary approvals before starting such activity. • .� � I I � I � I I 1 �I 'r '� 6 i ' tyl 1 �gill�4` 1 -13 � i I 1 -t3 M -13 I I I I - i 1.11 iH 1 -13 -12 1- 2 + 1 -1 -- ,, -. - 11 i H 1 ' . t,a w'd I11 � �{ - W L — `�=ta �:. ` � �� a l �:y„ '?s "x7'H � �mr . v <` h n :�rl F- - ' � " -- 1 _ .—i — — - - - - - -- - -- fl� +•���'' I • II �T.II I ( -2 3 -- '—j ___. � F i � —mow i � I I •y e^ I _ ! It I , 1 I b 1 O .ZF s nr v. — — —+ Lj 1 I j _� _ e:• � ,.7 Homeowner to comply with tocai plumbing codes pertaining to back w prote.ti.n and service line conna0m. The accura of your drawing and how well you answer all mlatsd question will detetm - ata the accuracy of your custom design. RAIN BIRD OFFERS THIS DESI N ONLY AS A GUIDELINE. NO GUARANTEE OF DESIGN ACCURACY, SYSTEM INSTALLATION OR OPERATION IS IMPLIED. Scale: Square - s x5 It 1 Sheet: C—wpiping Designed By: Contact Rain Bird Custom Designed For: Rain Bird Design Service for ProducI Questions �' SPRINKLER SYSTEM DESIGN Date: Mark Glomstead Design? " " ' d Questions About Your 400 Fox Fire Dr Call 1- 800 -426 -7762 - I OshKosh, Design No. g WI 54904 ;,, ., : •, t0 862 -4927 ORegtsteradtradem Rain arkofBiroCorp ..lion 02tios Rain Bird Corporation j;; -!•i •i (414)534 -0457 Email to o deli esignservice�mrainbird.com ITEM: GRANT PRIVILEGE IN THE STREET FOR PLACEMENT OF PRIVATE IRRIGATION SYSTEM AT 400 FOX FIRE DRIVE Plan Commission meeting of June 16, 2009 GENERAL INFORMATION Petitioner: Mark T. & Tammie H. Glomstead Owner: City of Oshkosh Action Requested: The petitioner is requesting a privilege in the right -of -way to allow placement of a private irrigation system to be placed in public right -of -way along Fox Fire Drive and E. Pheasant Court. Applicable Ordinance Provisions: N/A but any location of a non -city or private utility use in city right -of -way requires issuance of a privilege in street permit. Property Location, Type & Background Information: The subject area is located in the west side of the city, north of W. 9 th Avenue and west of S. Oakwood Road. The immediate area can be characterized as low - density residential uses. The petitioner is in the process of installing a lawn irrigation system. During construction, City staff discovered installation was being conducted in the terrace area between the public sidewalk and street, which is located within public right -of -way. Installation of private utility structures and facilities within public right -of -way is prohibited unless the Common Council grants a privilege in the street permit. ANALYSIS On May 22 °d , the petitioner applied for a plumbing permit to install a new water supply for a lawn sprinkler system. Staff is under the assumption that the owner believed the permit was for the entire irrigation/sprinkler system. However, the actual permit was for the water supply up to the backflow prevention device. City plumbing review authority ends at the point of the backflow prevention device. Beyond the backflow prevention device the system is not considered plumbing but landscaping. Generally, when the City issues permits of this nature, a site plan is not required or provided because the Plumbing Inspector is only concerned with the water supply and backflow prevention. In this case a site plan was provided, though the property lines are not marked or labeled. To those who review site plans for building permits, proximity of a proposed project to property lines is part of their review process, but in this case, it was provided to the City's Plumbing Inspector who does not perform site plan reviews in the course of performing his duties. The site plan that was submitted shows the proposed sprinkler system in the right -of -way and consists of piping, various fixtures and several sprinkler heads along the outside edge of the sidewalk. Typically the terrace area is watered from sprinkler heads located on the private property side of the sidewalk. Staff is concerned that the location of the proposed sprinkler system is within three to four feet from a 6 -inch water main located in the north E. Pheasant Court terrace. Additionally, the proposed system is approximately 1.5 feet from the City's water stop box (shut- off valve to the house) located on the Fox Fire Drive terrace. In the event there is a need to repair or service either of these facilities, the proposed location of the sprinkler system will make it very difficult for City crews to excavate without damaging the sprinkler system. The Department of Public Works recommends against allowing a private property owner the ability to install irrigation systems in the right of way. The right -of -way is where all public and private utilities, such as water mains, sanitary sewer, storm sewer, telephone, cable TV, electric and natural gas lines are located. Each of these utilities is required to maintain a system of records and the ability to have any line located within one hour of notification to the Digger's Hotline system. In addition, these utilities have 24 hour a day 365 day a year contacts to come on -site and turn off or repair a system if needed. It is important to have the responsible party available to deactivate or repair a system. In the event of an excavation where the irrigation system is located, the system could activate at any time, causing water to enter the excavation. This can create unsafe conditions for the workers especially if working with electrical systems. Additionally, the proposed irrigation system layout will make it nearly impossible to excavate in the terrace without damaging the system. If the system is marked, it is typically the responsibility of the parry who damages the utility to pay for the repair costs. The layout also creates conflicts with terrace trees. A non - located underground utility that is discovered will cause delays in construction projects because the excavation must stop until the utility is identified. The restoration is then also delayed until the unmarked utility can be repaired. RECOMMENDATION /CONDITIONS The Department of Public Works is recommending denial of the privilege in the street to allow placement of a private irrigation system within City right -of -way. In the event, the Plan Commission and /or Common Council approves the privilege in the street against staff recommendation, Public Works requires the approval be subject to the following conditions: 1. Owner becomes a member of the Digger's Hotline system and complies with all requirements related to locating and compensation for mismarked/unmarked utilities. 2. The owner is responsible for any repairs to the system regardless of who marked or caused the damage. 3. All repairs must be made within 48 hours. 4. The petitioner /owner execute a hold harmless agreement with the City. 5. A right -of -way permit be obtained prior to resuming installation. 6. If no longer needed, the irrigation system must be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 7. Any problem which may arise as a result of the placement of the irrigation system ITEM -Priv in St/Fox Fire Dr be the responsibility of the petitioner, contractors and owner to correct in accordance with Department of Public Works. 8. The irrigation system be modified or removed immediately upon the request of the City. 9. The petitioner and contractor(s) secure and submit to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. 10. It is the responsibility of the petitioner /owner to file in a timely manner a new insurance certificate with the City Clerk upon the expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street upon 10 days notice. 11. A document be recorded with the Register of Deeds listing the requirements for future property owners. The Plan Commission denied the privilege in street. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and reviewed the overall site as well as the site plan for the sprinkler system which was initially submitted at the time the plumbing permit was issued. He also reviewed the site plan which was submitted to Public Works for the permit in the right -of -way and discussed the City's concerns with such an installation being allowed in the terrace. Although the Department of Public Works was recommending denial of this request, Mr. Nau also reviewed the conditions being placed on the request in the event that the Commission or Common Council would approve it. Mr. Fojtik inquired if there are any other privileges in the street granted in the city for this type of purpose. Mr. Gohde responded that the City has not permitted private irrigation systems in the right -of -way. Mr. Thoms commented that he has witnessed two other such systems in his neighborhood. Mr. Gohde stated that there have been cases where such systems were installed without obtaining the proper permit, and when they are brought to the City's attention, they are ordered to be removed. Mr. McHugh commented that the City allows the planting of trees on the terraces and he does not see the difference in the two issues. He further commented that he felt the privilege should be granted in this case as the City dropped the ball when they issued the plumbing permit to the owner. Mr. Thoms questioned how terrace trees and other utilities are handled. Mr. Gohde responded that the terrace trees are visible and can cut through the root system if absolutely necessary. In regard to other utilities, they are all coordinated and are required to maintain a system of records and the ability to have any line located within one hour of notification to the Digger's Hotline system and 24 hour a day /365 days a year contacts available to ITEM -Priv in AlFox Fire Dr be on -site to turn off or repair a system if needed. This proposed irrigation system is going to be installed on top of all other systems. Mark Glomstead, 400 Fox Fire Drive, stated that he has resided at this residence for 12 years and has had difficulty maintaining the terrace grass due to the sun exposure. He further stated that he travels a lot and has children that play in the yard and felt that an irrigation system would enhance the appearance of the property. He created the irrigation system from the internet and met with the plumbing inspector who informed him that he would need to address the issue of backflow prevention. After this item was addressed, the inspector said the plan appeared to be compliant and construction of the system commenced on May 22 The City notified him that work would need to cease when it was discovered that work was being done in the right -of -way at which time he contacted Paul Esslinger for advice on how to proceed. At this point, at least 70% of the work had been completed and he has $1500 invested in the project and to remove or revise part of it would result in additional costs to him. He stated that he did not wish to have his sprinkler system spraying across the sidewalk for safety issues and he felt that he acted in good faith when he got the permit for his irrigation system and desired to have his request for a privilege in street approved. Mr. Lowry questioned if the owner had any issues with the conditions placed on his request. Mr. Glomstead stated that he could accept conditions 92, 3, 4, 6, and 8, but that he did not feel he should have to be a member of digger's hotline ( 41), should not have to have a separate insurance policy naming the City as an additional insured ( #9), did not understand the need for a right -of- way permit ( #5), questioned the liability of condition #7, and did not understand the need to file a document with the Register of Deeds for future owners #(11). He stated that he did submit a letter with his application releasing the City from liability to damages to the system and felt that this waiver should be sufficient. Mr. Gohde stated that the City does not permit private utilities in the right -of -way as it could present issues with these installations being too close to other utilities located there and the identification of such systems. If this privilege in street would be approved, the owner would need to meet all conditions on the request for the protection of City liability and for the safety of City employees and other company's employees who may need to work in these areas. Mr. Borsuk commented that the City may have made a mistake when issuing the permit; however the City still needs to have all the necessary conditions met. City policy should be reviewed and better enumerated to alleviate such situations in the future. Mr. Monte stated that he is hesitant to approve this request as it would be setting a precedent for future requests for such installations; however he questioned how clear the matter was for the homeowner at the time the permit was issued. Mr. Burich responded that the issue with the plumbing inspector was that his responsibility is to review concerns with the water supply and backflow prevention and doesn't review the actual system layout which is where the miscommunication occurred. Mr. Gohde added that a plumbing permit does not allow the property owner to perform work ITEM -Priv in St /Fox Fire Dr outside of his property lines and that to do that type of work requires a permit from the Department of Public Works for a privilege in the street to perform work in the right -of -way. Ms. Propp commented that she felt that the situation was unfortunate for the property owner; however to allow a privilege in the street for this purpose seemed inappropriate and dangerous. The homeowner may wish to contact an attorney regarding reimbursement for the costs to relocate the installed portion of the irrigation system that would require to be removed. Mr. McHugh stated that he felt that since the City made a mistake in issuing the permit, that the privilege in the street should be approved for this case only. He further commented that he did not feel that it would set a precedent for future requests.. of this nature and although there is potential for this to create a dangerous situation, he did not feel that anything would happen. Mr. Bowen commented that when considering a privilege in street, the overwhelming positive impact to the public is one reason to grant such a request, which in this case does not exist. He further stated that he felt the City would be setting a precedent to approve this request and it is not City policy to grant such requests for this purpose. Mr. Borsuk stated that the conditions required for this request are the standard conditions for any privilege in street and should not be modified for this request. Motion by Bowen to approve the privilege in street for placement of a private irrigation system at 400 Fox Fire Drive with the following conditions: 1. Owner becomes a member of the Digger's Hotline system and complies with all requirements related to locating and compensation for mismarked/unmarked utilities. 2. The owner is responsible for any repairs to the system regardless of who marked or caused the damage. 3. All repairs must be made within 48 hours. 4. The petitioner /owner execute a hold harmless agreement with the City. 5. A right -of -way permit be obtained prior to resuming installation. 6 If no longer needed, the irrigation system must be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 7. Any problem which may arise as a result of the placement of the irrigation system be the responsibility of the petitioner, contractors and owner to correct in accordance with Department of Public Works. 8. The irrigation system be modified or removed immediately upon the request of the City. 9. The petitioner and contractor(s) secure and submit to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200, 000 per person and $500, 000 in general aggregate. 10. It is the responsibility of the petitioner /owner to file in a timely manner a new insurance certificate with the City Clerk upon the expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street upon 10 days notice. ITEM -Priv in St/Fox Fire Dr 11. A document be recorded with the Register of Deeds listing the requirements for future property owners. Seconded by Borsuk. Motion denied 1 -7-1 Pi Ayes- McHugh. Nays- Borsuk1Bowen1Fojtik1 Lowry /Propp /Monte /Nollenberger. Abstained- Thoms. ITEM -Priv in St/Fox Fire Dr (0 O.fHKOIH ON THE WATER City of Oshkosh General Application * *PLEASE TYPE OR PRINT USING BLACK INK ** APPLICANT INFORMATION Petitioner: Mark T. Glomstead SUBMIT TO: Dept of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236 -5059 Date: June 4, 2 009 Petitioner's Address: 400 Fox F ire Dr Telephone #: (414 ) 534 -0457 (cell) Fax: ( Other Contact # or Email: mglom @info - advan.c Status of Petitioner (Please Check): ✓Owner QRepresentative Denant ❑ Prospective Buyer Petitioner's Signature (required): OWNER INFORMATION Owner's): Mark and Tammie Glomstead Owner(s) Address: 400 Fox Fire Dr City: Oshkosh State: WI Zip: 5490 City: Oshkosh Date: Date: June 4, 2009 State: WI Zip 549 04 Telephone #: (414) 534 -0457 Fax; (.._) Other. Contact,# or Email:. mglom @info- advan.c Ownership Status (Please Check): [Z ]Individual QTrust ❑Partnership QCorporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and /or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. /�. Property Owner's Signature: A 7 L �C Gt �r vrn-e ¢ �i�Y . Nfow a te: �, J 8, 4 GO TYPE OF RE VEST: Access Control Variance Easement ✓ Privilege in Street (identify) Other (identify) SITE INFORMATION Address/Location of Proposed Project: 400 Fox Fire Drive Proposed Project Type: irrigation system _ Current Use of Property: Residence Zoning: Residential Land Uses Surrounding Your Site: North: NW: Fox Fire Drive South: SW: Pheasant Court East: NE: Residence / neighbor _ West: SE: Residence/ neighbor S Application fees are due at time of submittal. Make check payable to City of Oshkosh. Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE For more information please visit the City's website at www.ci. oshkosh. wi. us / Community_ Development /Planning.htm Staff Date Recd Irrigation system - terrace - please see attached letter describing situation. 4 Mark T. Glomstead Tammle H. Glomstead June 8, 2009 KED 400 Fox Fire Drive Oshkosh, WI 54904 To: City of Oshkosh Planning Committee City of Oshkosh Common Council Fm: Mark and Tammie Glomstead Re: Release of liability for damage to terrace irrigation system - 400 Fox Fire Drive The purpose of this letter is to release the City of Oshkosh and city utility providers from any and all liability for damage -to our irrigation system installed in the city terraces adjacent to 400..Fox Fire Drive. . This - document furffiermore releases same for any and all damage caused to the remainder of the system on private property that conjoins the terrace system, in the event that terrace excavation causes such damage. The irrigation system in question includes 13 heads and related piping installed on the NW terrace along Fox Fire Drive, 10 heads installed on the SW terrace along Pheasant Ct, and 3 heads on the terrace segment on the south comer of the property. Sincerely, Mark T. Glomstead 400 Fox Fire Drive Cell 414 - 5340457 Attachments: Tammie H. Glomstead Cell 920-420 -1172 400 Fox Fire Drive - planned terrace irrigation lines 6/24 12009 5 a- -AU(] GJIJ Xfl'j L V r_ AS O Wit lk�4 0 C? O • O ^O. 76 \�O1 O � b 60 \ 0 orn 4, C ' q 7 ,'0 •O� 0 LO o 0 0 CD 0 N I° i i i i i i i i i i i �y� d Q) S 7,2 •o• 0 3 1 S'3 DISCLAIMER .,; This map is neither a legally recorded map nor PRIVILEGE IN STREET a sury ey and it is not intended to be used as one. This drawing is a compilation of records, data 400 FOX FIRE D R � l� O f HKOIH and information located in various city, county ox T. wnTera and state offices and other sources affecting the area shown and it is to be used for reference City of Osh purposes only. The City of Oshkosh is not re- Department of sponsible for any Inaccuracies herein contained. Ifdiscrepencies are found, please contact the Scale. 1" - 60 Community Development City of Oshkosh. 06/09/09 Created by dff S 7,2 •o• 0 3 1 S'3 •,�►. j! will snob a� r. 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