HomeMy WebLinkAbout12/12/1983 Item #F-13(105)
TO: CITY COUNCIL
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
FROM:. Public Works Department
December 12, 1983
CITY COUNCIL AGENDA
ITEM NO. F-13
SUBJECT: REQUEST OF DR. JOHN H. SMITH FOR'ENCROACHMENT PERMIT TO CONSTRUCT
A 3 -FOOT -HIGH GARDEN WALL ENCROACHING 5 FEET INTO THE PUBLIC RIGHT
OF WAY AT 124 KINGS PLACE
RECOMMENDATIONS:
1. If desired, approve the application subject to the execution
of,an agreement to permit non-standard improvements in the
public right of way; and
2. Authorize the Mayor and the City Clerk to execute the agree-
ment; and
3. Direct the City Clerk to record the agreement with the County
Recorder.
DISCUSSION:
Attached is a letter from Dr. John H. Smith requesting permission
to construct a 3 -foot -high garden wall encroaching 5 feet into the public right
of way adjacent to 124 Kings Place. The location is shown on the attached sketch.
Council Policy L-6, "Private Encroachments in Public Rights of Way",
requires the prior approval of the City Council for structural encroachments,
including but not limited to planters, fences, walls, patios, raised planters,
etc., which encroach over one foot into public right-of-way or exceed 3 feet
in height measured from the top of the curb.
The Public Works Department has no objection to the proposed because:
1. The predominant pattern of development in the neighborhood is to
landscape the parkway in such a manner that it cannot be .used by
the public. The majority of such encroachments have been con-
structed over a period of many years in the past without first
obtaining an encroachment permit.
2. The recommended agreement will protect the City from liability
caused by the encroachments.
Page 2
Subj: Request of Dr. John H. Smith for Encroachment Permit to construct a
3 -foot -high garden wall encroaching 5 feet into the public right-of-
way at 124 Kings Place.
3. The applicant has volunteered to remove the encroachments at his
own expense if the City ever requires the parkway for public use.
This condition will be included in the written agreement.
6, J,
12�4
Benjamin B. Nolan
Public Works Director
KLP:do
Att:
Dr. John H. Smith, B.S., D.D.S.
124 Kings Place
Newport Beach, Calif. 92663
November 21, 1983
91
. i n
City Council of Newport Beach 7 --
Newport Beach, California -
Gentlemen:
We reside at 124 Kings Place, Newport Beach, CA, 92663. We
have owned the home since 1958. It was a rental for many
years and the yard received very little constant care.
124 Kings Place is now our primary home. We wish to improve
its appearance and function to be more in keeping with the
appearance of the rest of the yards on the street.
Recently the rear yard has been fenced, bushes removed, fruit
trees and lawn planted, and the house was repainted. The
next step is to improve and relandscape the front yard. Our
proposed landscaping of the front yard includes a 3' garden
wall. When we requested a construction permit we were told
to get permission from the Public Works Department for the
proposed wall as it extends into the 10' easement of the City.
The Public Works Officer, Mr. Kenneth Perry said he would
recommend our request be denied because of its intercession
into the 10' easement space.
When we asked about what steps could be taken to overcome
the general policy of a catagorial "no" to a small wall in
the easement area we were told we could request permission
in writing of the City Council. That is the reason for this
request. We are heartened by the apparent flexibility of
City policy, as shown by the enclosed pictures of homes on
our immediate street that have small walls built which enhance
the appearance of the neighborhood. We have also enclosed
the plans of our proposed landscaping of the front yard.
The proposed garden wall will: date //00429
1 -WIT TO
a. Improve the attractiveness of the front yard. The t0� V(.);
slump block wall is in keeping with neighboring UjKmJlnl el
property. This garden wall will be connected to "it}cuf�i'
<.,
Dir.
City Council of Newport Beach
November 21, 1983
Page Two
the house and the side property line by wrought
iron gates. This wall is not a high privacy wall,
only an aesthetic demarcation of the front area.
We are getting older, more fearful and security
conscious, and this mall wall with a remote
controlled opening of the wrought iron gate will
deter strangers and peddlers from coming directly
to our front door.
b. Placing the curve of this 3' wall in the easement
area will give the wall an appealing curve, versus
a austere looking straight, flat angular wall. The
curve in this wall will leave room for the root
system of a mature olive tree that is the center-
piece of the front yard.
C. The proposed small demarcation wall will allow us
to make an attractive and functional front area,
by the removal of the hedge that presently borders
the front of the home, allow drastic trimming of
the olive branches, and give a more balanced appear-
ance by the removal of the oleander hedge on the
northern border of the property. In short, we want
to get ria of the overgrown jungle look and be more
in keeping with the other homes and reflect a tidy,
pride of ownership look.
d. If at any time in the future the City makes plans
for the public use of the easement area, we will
have the garden wall removed at our expense.
e. Our neighbors have been informed and consulted of
our overall plans for the front yard and are as
anxious to see us get started as we are to start.
If any further information is desired please phone, our number
is 548-83D0.
Re c ully submitt d�,
K�
Dr John H. Smith
124 Kings Place
Newport Beach, CA 92663
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