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Home My WebLink AboutJ-1 - 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)July 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 3 LDZ J J t� w Z 3 J Q J W 3 _� cr U / W / CIL o�/� W N Z O a Nw W 3 0 J W rA I / I / J O / J�-0 3 > LL- m Z m U i Z Q 0] L` X 7) O Q QU U Ir / 0� M O w I LO m >- X J0 -JW mZQ I o W -JW 3 J a QHw '` aJ� �- - - - - - - - - - - - - - - - - - - -Q0- - I I- - - - I J J O -J U- _ J 0 w Q Z 3 0 ui w= w� o= 0 uj z I Q cr u Z w Z H Z Z O r Nw of n o3�u Q ( 3 cr Q i— Z 00CC J D L m UJ J I cc J crd Q U> J Q UO ZF- Z 11J cnww0NQ I O �Q-3 W :3—'-=Or-Z?3 iv Q m Q cnU 1— � W �f- kDw a O O U ==iwwOO N Z M (f) F— 3 ii ao LL cn F— W W F- L Q C. )