HomeMy WebLinkAbout03/14/1988 Item #I-1March 14, 1988
CITY COUNCIL AGENDA
ITEM NO. I-1
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: APPEAL OF BILL BURK FROM ADMINISTRATIVE DENIAL OF APPLICATION TO
CONSTRUCT A 36 INCH HIGH PATIO ENCROACHING 3 FEET 4 INCHES INTO THE
PUBLIC RIGHT-OF-WAY ADJACENT TO 219 GRAND CANAL (EP -88-14).
RECOMMENDATION:
If desired,
a. Uphold the denial of the application, or
b. If the appeal is allowed, approve the application subject to:
1. Execution of an agreement for non-standard improvements, and
2. An encroachment permit from the Public Works Department, and
3. Establishment of front property corners by a licensed
surveyor, and
4. A building permit from the Building Department.
DISCUSSION:
Attached is a letter from Bill Burk, which the staff interprets as an
appeal from an administrative decision denying an application to construct a 36
inch high patio encroaching approximately 3 feet 4 inches into the public right-
of-way adjacent to 219 Grand Canal. The location is shown on the attached
sketch.
Council Policy L-6, "PRIVATE ENCROACHEMNTS IN PUBLIC RIGHTS-OF-WAY,"
provides that the prior approval of the City Council is required for any struc-
tural encroachment into the public right-of-way that exceeds three feet in
height or encroaches more than one foot into the public right-of-way. In this
area the property line is approximately 4 feet from the edge of the sidewalk.
The reasons that the staff denied the application include:
a. If the seawall ever has to be replaced, the raised patio will
increase the difficulty.
b. The Building Code will require a 36 inch high fence 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 in the past at 107, 109, 209, 211 and 213 Grand
Canal.
c. A City street light is located in part of the area where the
raised patio is proposed to be constructed.
(On April 13, 1981 the City Council approved a permit for an existing
3 feet high wall to remain encroaching into the public right-of-way at 107 and
109 Grand Canal. On April 8, 1985, the City Council approved requests to
replace 3 feet high fences that encroached 3 feet 4 inches into the public right-
of-way adjacent to 209, 211 and 213 Grand Canal).
Benjamin B. Nolan
Public Works Director
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CITY OF NEWPORT BEACH DRAWN—& -
PUBLIC WORKS DEPARTMENT APPROVED
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PUBLIC WORKS DIRECTOR
R.E. NO.
DRAWING NO.
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17yozMITCHELL SO.
SUITE 101
IRVINE, o^vz7«
q14) 6601977
JanuarU 22' 1988
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Please see enclosed documents to apply for a permit to ll
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afront patio wall to encroach into public right away. The front
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patio in question is located at the home at 219 Grand Canal. The
~� application was denied by Public Works according to City Council ^
pollcy . However, Public Works indicated in us we could request
the City Council to provide us approval for said patio wall, .
'
` MV name is Bill Burk. I am the son-in-law of the owners,
Robert and Darlene Rohan, acting as their agent and cmntractor.
� - We are requesting approval of our wall for the following reasons:
�
1. Along the Grand Canal, 90% or more of the homes
have front walls that extend into the public
right away and abut upto the existing sidewalk. We
feel we should be afforded the same opportunity.
/ 2. It solves the problem of improving and maintaining
the strip of land which is created by the variance
in location of the property line and back edge of the
side walk.
SIt allows us to create a much more aesthetic and
viable front porch.
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' We appreciate your consideration and.we look forward to
= approval of the wall in question. Pleape see the enclosed
applications and drawings.
Thank you,
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Bill Burk
President
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BALBOA ISLAND IMPROVEMENT ASSOCIATION
P.O. BOX #64
BALBOA ISLAND. CALIFORNIA 92662
TELEPHONE (714) 675.1773
July 6, 1988
To: City Council
Re: Patio encroachment @ 219 Grand Canal, Balboa Island,
Newport Beach - permit #EP -88-141
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
cc: Bill Burk
Don Peterson, Planning Chairman, BIIA
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