HomeMy WebLinkAbout07/25/1988 Item #I-1July 25, 1988
I
CITY COUNCIL AGENDA
ITEM NO. 1-1
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
J U L 2 5 1988
TO: CITY COUNCIL APPROVED
FROM: Public Works Department
SUBJECT: REQUEST OF BILL BURK FOR RECONSIDERATION OF A DENIAL BY THE CITY
COUNCIL OF AN APPEAL FROM AN ADMINISTRATIVE DENIAL OF AN APPLICATION
TO CONSTRUCT A 36 INCH HIGH PATIO ENCROACHING 3 FEET 4 INCHES INTO
PUBLIC RIGHT-OF-WAY AT 219 GRAND CANAL (EP -88-14)
RECOMMENDATIONS:
A. Uphold the denial of the permit; or
B. If the appeal is allowed, approve the application subject to:
1. Execution of an agreement for non-standard improvements.
2. An Encroachment Permit from the Public Works Department.
3. Establishment of the front property lines by a licensed surveyor.
4. A Building Permit from the Building Department.
DISCUSSION:
Attached are letters from Bill Burk and the Balboa Island Improvement
Association regarding 219 Grand Canal. The Association approves construction of
a 36 inch high patio encroaching into the public right-of-way, provided the edge
of the patio is held back 18 inches from the back of the sidewalk to provide for
a curb and planter area. The letter makes no reference to a 36 inch high
handrail on top of the patio that is required by the Building Code. The
location is shown on the attached sketch.
On March 14, 1988, the City Council considered an appeal from Bill
Burk from the administrative denial of an application to construct a 36 inch
high patio encroaching 3 feet 4 inches into Grand Canal adjacent to 219 Grand
Canal. The applicant had been advised that the matter would be heard by the
City Council but chose not to attend the meeting. The appeal was denied by the
City Council.
Subject: Request of Bill Burk for reconsideration of a denial by the City
Council of an application to construct a raised patio and fence
encroaching into public right-of-way adjacent to 219 Grand Canal
(EP -88-14)
July 25, 1988
Page 2
On June 13, 1988, the City Council granted the applicant a rehearing
on the grounds that he had not been able to present his case due to lack of
notification. He was advised to secure the approval of the Balboa Island
Community Association.
The reasons that the staff originally denied the application include:
1. If the seawall ever has to be replaced, the raised patio will
increase the difficulty.
2. The Building Code will require a 36 inch high railing on top of
the patio. A raised patio 3 feet high surmounted by a 3 feet high
fence is different in nature from 3 feet high fences at grade
that have been approved previously at 107, 109, 209, 211 and 213
Grand Canal. (On April 13, 1981, the Council approved requests to
replace existing 3 feet high fences that encroached 3 feet 4
inches into the Grand Canal at 209, 211 and 213 Grand Canal).
3. The drawing originally submitted by the applicant indicated that a
City street light was in the area where the raised patio was
proposed.
Benjamin B. Nolan
Public Works Director
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Attachment
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BALBOA ISLAND IMPROVEMENT ASSOCIATION
P.O. BOX x{64
BALBOA ISLAND. CALIFORNIA 02662
TELEPHONE (7141 675.1773
N
July 6, 1988
To: City Council
Re: Patio encroachment @ 219 Grand Canal, Balboa Island,
Newport Beach - permit #EP -88-14
As per our suggestion in our letter dated June 30, 1988,
to Mr. Bill Burk, the Balboa Island Improvement Association
voted unanimously to approve a brick curb adjacent to the
sidewalk and the patio edge to be located 18 inches from
there, yielding a planter for flowers/shrubs. The result
of this construction will soften the appearance from the
Grand Canal as well as placing the patio edge back further
from the sidewalk.
If there are are questions regarding this recommendation,
do not hesitate to call. Thank you for referring this permit
back to us.
Respectfully,
Dave Twitchell, President n'
cc: Bill Burk - }"
Don Peterson, Planning Chairman, BIIA�"
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BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
JUN 131988
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