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HomeMy WebLinkAbout08/22/1994 Item #13August 25, 1994 CITY COUNCIL AGENDA ITEM NO.___13___ TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PARK AVENUE RIGHT-OF-WAY ADJACENT TO 1 305 PARK AVENUE, BALBOA ISLAND (EP -94-240) OWNER: Anne Lemen RECOMMENDATIONS: Approve the application subject to: a. Execution of an Encroachment Agreement for non- standard improvements. (1) Authorize the Mayor and City Clerk to execute the Agreement; (2) Authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. b. An Encroachment Permit from Public Works Department. DISCUSSION: The owner of the property located at 1 305 Park Avenue on Balboa Island has requested that she be permitted to retain an existing Arbor that encroaches approximately 8" into the 6' wide parkway on Park Avenue. The subject property is located on the southerly side of Park Avenue between Marine Avenue and Onyx Avenue, the first residential property westerly of the Marine Avenue business district. The existing sidewalk on Park Avenue adjacent to the commercial area is 6' wide and transitions to a 4' wide sidewalk along the frontage of the subject property. The 4' wide sidewalk is typical for residential areas along Park Avenue. SUBJECT: ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PARK AVENUE RIGHT-OF-WAY ADJACENT TO 1 305 PARK AVENUE, BALBOA ISLAND (EP -94-240) August 8, 1994 Page 2 The Arbor sets back a little more than 5' from face of curb and is similar in nature to other landscape encroachments in the area. Other property owners have hedges and plantings that encroach to back of sidewalk or 4' from face of curb. Attached are photographs for reference. Council Policy L-6, "Private Encroachment in the Public Rights -of - Way", requires the prior approval of City Council for private structural improvements such as retaining walls, raised planters, stairs, etc., in public easements or rights-of-way. The encroachment agreement will allow the Arbor to remain within the public right-of-way as approved by the Public Works Department. The property owner will be responsible for maintenance of the non-standard improvements and hold the City harmless of all liability associated with the existence of the non-standard improvements. An exhibit is attached for reference. % =m Benjamin B. Nolan Public Works Director DH:so Attachments 1305 PARK AVENUE I, NORTH ELEVATION 1305 Park Ave. '20S W 203 202` -203t .202 Z 200- 201 .201 200- 201 W PARK AVENUE 127 126 .T 20C- q27 `'127 924 CITY 1 124 -:- ....125 - 124 2s 22112 123. 122 .123 1122 123 - 122• 121 12Q - -121 120 121.T i_ E112. .119 118:..117 v] 116 - 117 116 - . :.-t 17 at 117 5114 1.15 t14� 115 k& .121.. .173 .112' - -11.3 xtyo.t/z10 :111 � I110 .107' 1& 109 105 LOCATION MAP ENCROACHING ARBOR 6� 74-_ K^_ Re PARK AVENUE It /' ENCROACHING ARBOR \ �Y <frrlcY � LNCN,¢Ny'Ev 1t't WEST ELEVATION Ro 6' Ak