HomeMy WebLinkAbout07/11/1988 Item #J-1July 11. 1988
CITY COUNCIL AGENDA
ITEM NO. J-1
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
JUL 111988
TO: CITY COUNCIL APP {OVE
FROM: Public Works Department
SUBJECT: APPEAL OF ROBERT HAMMER FROM DENIAL OF AN APPLICATION TO CONSTRUCT
A RETAINING WALL, MAILBOX, AND BOUQUET CANYON STONE PAVEMENT IN THE
PUBLIC RIGHT-OF-WAY ADJACENT TO 2616 CLAY STREET (EP -88-172)
RECOMMENDATIONS:
If desired, allow the appeal subject to execution of an agreement for
non-standard improvements.
DISCUSSION:
Attached is a letter from Robert Hammer explaining why he desires to
construct a retaining wall, mailbox, and Bouquet Canyon stone walkway adjacent
to 2616 Clay Street. The location is shown on the attached sketch.
The prior approval of the City Council is required because Council
Policy L-6, "PRIVATE ENCROACHEMENTS IN PUBLIC RIGHTS-OF-WAY," provides that
structural encroachments that exceed three feet in height or encroach more than
one foot into the public right-of-way, require the prior approval of the City
Council.
The agreement for non-standard improvements will protect the City
from liability associated with the non-standard improvements; and will allow the
City to order the improvements removed in the event that the public right-of-way
is needed for public purposes.
Benjamin B. Nolan
Public Works Director
KP: so
Attachment
TO: CITY COUNCIL OF NEWPORT BEACH
FM: ROBERT HAMMER
RE: APPEAL TO DENIAL OF REQUEST TO BUILD RETAINING WALL, J
MAILBOX, AND PAVED APPROACH IN THE PUBLIC RIGHT OF WAY
(EP 88172)
I HEREBY REQUEST PERMISSION TO BUILD IN THE AREA DESIGNATED AS
THE PUBLIC RIGHT OF WAY, A RETAINING WALL, MAILBOX, AND PAVED
APPROACH TO FRONT DOOR. I HAVE ALREADY BEEN ISSUED A PERMIT
TO DO THIS BY THE BUILDING DEPARTMENT, BUT THE CONSTRUCTION
WILL ENCROACH INTO THE AREA FALLING WITHIN TWELVE FEET OF THE
CURB (PARKWAY).
I BELIEVE THIS SHOULD BE APPROVED FOR TWO REASONS:
1) IT WILL ENHANCE THE BEAUTY OF THE AREA
2) IT WILL NOT HINDER USE OF THE PARKWAY
REASON FOR DENIAL BY PUBLIC WORKS DEPARTMENT:
"...the wall and mailbox will act as a barrier to prevent
the public from walking in the parkway; and Bouquet
Canyon stone walkway surfacing presents potential
liability problems because of its irregular surface."
THERE IS NO PARKWAY, ONLY A POTENTIAL PARKWAY. IN THE DECADES
SINCE THE BUILDING OF THE NEWPORT HEIGHTS AREA, THERE HAVE
BEEN NO PARKWAYS CONSTRUCTED, NOR DOES IT SEEM LIKELY FROM
CURRENT RESIDENTS' OPINION WILL THERE BE IN THE NEXT FEW
DECADES. SIDEWALKS ALONG CLAY STREET ARE UNLIKELY, SINCE YOU
WOULD BE WALKING PERPENDICULAR TO THE RESIDENTIAL STREETS,
AND EVERY HUNDRED FEET OR SO WOULD BE A CURB AND A NEW
STREET OR ANOTHER ALLEY.
AS FAR AS THE EYE CAN SEE, ONLY MY HOUSE AND THE HOUSE
DIRECTLY ACROSS THE STREET FACE CLAY STREET. BECAUSE OF THE
SLOPE OF THE LAND, VISITORS CAN'T OPEN THEIR CAR DOORS WITHOUT
DIGGING INTO MY LAWN. FOR THIS REASON, I WANT TO PUT IN A
RETAINING WALL AND A WALKWAY ALLOWING VISITORS TO DISEMBARK
FROM THEIR CARS AND WALK TO MY FRONT DOOR. THIS WALKWAY TO
MY HOUSE WILL NOT BE A SIDEWALK, NOR WILL PEOPLE BE INCLINED
TO USE IT AS ONE.
IN THE FOUR YEARS I HAVE LIVED ON CLAY STREET, I HAVE NEVER SEEN
ANYONE WALK ACROSS THIS PARKWAY AREA (INCLUDING ANIMALS!)
BECAUSE OF THE DANGEROUS 30-60 DEGREE SLOPE. I BELIEVE A
WALKWAY, PAVED BY A PROFESSIONAL IN BOUQUET CANYON STONE,
SIMILAR TO MANY RESIDENCES IN THE AREA, WILL BE AN ATTRACTIVE
ADDITION TO THE NEIGHBORHOOD, AND WILL PRESENT A SAFE
APPROACH TO MY HOUSE. PLEASE REFER TO NEW CONSTRUCTION ON
CLIFF DRIVE WHERE THE SAME STONE IS USED IN THE CROSSING AREA
OF THE STREET.
FACING MY HOUSE, ONE SIDE IS BOUNDED BY AN ALLEY, THE OTHER BY
A NEIGHBOR. THE RETAINING WALL WILL EXTEND ACROSS THE
PROPERTY FROM ALLEY TO NEIGHBOR AT A HEIGHT NOT TO EXCEED
THREE FEET AS MEASURED FROM THE TOP OF THE CURB, AND WILL
ALLOW A 4 FOOT SPACE FROM THE FACE OF THE CURB TO THE WALL
(EXCEPT OF COURSE THE AREA WHERE THE CURB CURVES AWAY FROM
THE STREET TO FORM THE ALLEY). WITHIN TWO FEET OF THE PROPERTY
LINE ON THE SIDE WITH THE NEIGHBOR, THE RETAINING WALL WILL
RETURN TO THE STREET TO KEEP THE LAND FROM FALLING IN FROM THE
DIFFERENCE IN ELEVATION AND TO AFFORD CONVENIENT ACCESS TO A
MAILBOX FOR THE POSTAL SERVICE.
SHOULD SIDEWALKS EVER BECOME A REALITY IN MY NEIGHBORHOOD, I
WILL GLADLY REMOVE THIS SHORT SECTION OF WALL WITH MAILBOX.
THE WALL WILL NO LONGER BE NEEDED, AND THE MAILBOX WILL BE
MOVED BEHIND THE SIDEWALK. I WILL SIGN AN AGREEMENT FOR NON-
STANDARD IMPROVEMENTS TO THIS AFFECT.
RESPECTFULLY SUBMITTED,
ROBERT HAMMER
2616 CLAY STREET
NEWPORT BEACH
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