HomeMy WebLinkAbout06/13/1988 Item #I-3BY THE CITY COUNCIL June 13, 1988
CITY OF NEWPORT BEA%ITY COUNCIL AGENDA
ITEM NO. _3
J U N 1 3 1988
TO: CITY COUNCIL G Joef
FROM: Public Works Department
SUBJECT: APPEAL OF E.W. LISKE FROM DENIAL BY THE STAFF OF AN APPLICATION TO
EXTEND AN ENCROACHING RAISED DECK AND WROUGHT IRON FENCE 2'-11" IN
HEIGHT, 23 1/2 INCHES FURTHER INTO SOUTH BAYFRONT ADJACENT TO 910
SOUTH BAYFRONT, BALBOA ISLAND (EP -88-130).
RECOMMENDATIONS:
1. If desired, uphold the staff denial.
2. If approved, make the approval subject to:
a. Execution of an agreement for non-standard improvements.
b. An Encroachment Permit from the Public Works Department.
c. Establishment of property corners by a licensed surveyor.
DISCUSSION:
Attached is a letter accompanied by photographs from Mr. E. W. Liske
appealing from a denial by the Staff of an application to increase an existing
encroachment of 281 inches to 44 inches into the public right-of-way adjacent to
910 South Bayfront, Balboa Island. The location is shown on the attached
sketch.
Council Policy L-6, "PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS-OF-WAY" provides
that private encroachments requiring prior approval of the City Council and
an encroachment permit from the Public Works Department include structural
encroachments including fences, walls, etc. which encroach more than one foot
into the public right-of-way or exceed three feet in height.
The application was denied by the Staff because:
1. The requested encroachment of 4'-4" into the right-of-way exceeds the
allowable.
2. The preamble to Council Policy L-6 provides that "it is the general
policy of the City that the rights of the public, present and future,
are not to be diminished by the installation of private improvements
within the public rights-of-way, and that encroachments will not be
approved unless individual circumstances indicate that approval would be
consistent with the public interest. To permit a portion of the public
way that is presently used as a public sidewalk to be closed to public
U
se would be in violation of the general policy.
�! BY THE CITY COUNCIL F
Benjamin B. Nolan CITY OF NEWPORT BEACH
Public Works Director J U N 2 7 1988
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Attachments
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PUBLIC WORKS DEPARTMENT
SKETCH FOR ENCROACHMENT PERMIT No. EP -66-130
Job Address 9/D 6 eZ �BO�LlT
Owner 1 tilB9. el
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Existing Curb and Gutter
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Date
Applicant's Signature
Please make a sketch of your immedia� vicinity showing all dimensions and
location of trees, light standards '!ire hydrants, parking meters or other
obstructions existing on parkway, which might concern this application.
Work shall be done according to city specifications and is subject to city
inspection.
SKetCh to be drawn in duplicate.
General Contractor
1200 Dover Drive, Newport Beach, CR 92660 (714) 642-2944
CSL #441543
June 3, 1988
City Council of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92658-8915
Subject: 910 South Bayfront, Balboa Island (EP -88-130)
Honorable Members of the Council:
The correspondence from Mr. Ken Perry to me dated 5/6/88 denying
the subject permit is attached. My understanding is that the
Public Works Department denies encroachmazt permits as a matter
of policy. It is the purpose of this letter to appeal the denial
and to request your approval of the 232"extension on the
existing deck.
Since a picture is worth a thousand words, I have included photos
of the existing deck. The proposed deck will extend the brick to
within 82" of the sidewalk and the 35" high brick wall will be
replaced with a wrought iron fence 35" high; extending the
existing fence to the proposed deck edge.
Such an extension would allow my client full enjoyment of the
front of the house.
To plead my case and to show existing precedents, attached are
several examples in the photos which show greater or equal
encroachments than
at Coral and South
If requested to do
property addresses
the bayfront that
requested here. My client's property is located
Bayfront; the examples are short distances away.
so, I gladly will provide pictorial proof and
of all granted or existing encroachments along
are greater or equal to my request.
Naturally, my client is willing to abide by the conditions
normally set with the approval of such encroachments. It is my
hope that you will evaluate the information and that you will
grant approval on the subject permit.
Respectfully,
Attachments:
Public Works Letter
Sketch for Encroachment Permit EP -88-130
Photographs
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BALBOA ISLAND IMPROVEMENT ASSOCIATION
P.O. BOX #64
BALBOA ISLAND. CALIFORNIA 92662
TELEPHONE (714) 675.1773
June 24, 1988
To: E. W. Liske
Re: Patio encroachment @910 South Bay Front, Balboa Island,
Newport Beach, CA #EP -88-130
The Balboa Island Improvement Association recommends
denial of subject permit as depicted in the sketch on appli-
cation EP -88-130.
If the plan is modified to include a brick curb adjacent
to the sidewalk and the patio edge located 18 inches from
there, yielding a planter for flowers/shrubs, approval by the
Association can be made. The result of such modification
would soften the appearance from the bay front, as well as,
placing the fence further from the sidewalk.
If you have any further questions, do not hesitate to
contact me. My home number is 673-86-76.
Respectfulllyy,,-�
O
Dave Twitchell, President
cc: Don Peterson, Planning Chairman, BIIA
Ken Perry, City of Newport Beach
Charles Lehman, Owner