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HomeMy WebLinkAbout18 - Request for Policy Waiver to Install Private Improvements within the Grand Canal Public Right -of -Way at 119 Grand Canal (N2016-0375)TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report August 9, 2016 Agenda Item No. 18 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Mark Vukojevic, Deputy Public Works Director/City Engineer, mvukojevic@newportbeachca.gov PHONE: 949-644-3319 TITLE: Request for Policy Waiver to Install Private Improvements within the Grand Canal Public Right -of -Way at 119 Grand Canal (N2016- 0375) ABSTRACT: The property owners of 119 Grand Canal (Owners) are requesting a waiver of City Council Policy L-6 to construct a private 1 -foot high raised concrete patio, 24 -inch high fence, stairs and gate within the public right-of-way on the Grand Canal. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 150303 of the CEQA Guidelines because it will have no potential to have a significant effect on the environment; and b) Deny the Owners request for a waiver of Council Policy L-6 to construct a private raised concrete patio, fence, stairs and gate within the public right-of-way on the Grand Canal and direct applicant to revise the proposed improvements to comply with City Council Policy. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Property Owners' Request: The property owners at 119 Grand Canal are requesting a waiver of City Council Policy L-6 to construct a private 1 -foot high raised concrete patio, 24 -inch high fence, stairs and gate within the Grand Canal public right-of-way. The public right-of-way is 10 -feet wide, measured from the front of the seawall toward the property. The sidewalk is 18-1 Request to Install Private Improvements Within the Grand Canal Public Right -of -Way at 119 Grand Canal (N2016-0375) August 9, 2016 Page 2 5 -feet wide and the public right-of-way extends 3 feet behind the existing sidewalk. A further discussion of the right-of-way is detailed later in the report. The private encroachment request is to place a raised concrete patio, steps, fence, and gate directly behind (next to) the sidewalk (3 feet into the Grand Canal right-of-way). The owners of 119 Grand Canal (Owners) are currently reconstructing and remodeling their existing multi -family residential dwelling on the west side of the 100 block of Grand Canal (demolition and reconstruction to the wood studs). Prior to the construction, and for many years and decades, the property has had an unpermitted encroachment consisting of a wood picket fence, gate and at -grade brick patio (flush with the sidewalk) directly behind (next to) the sidewalk (3 -feet 4 -inches into the Grand Canal right-of- way). Staff has reviewed this request in detail and does not have the administrative authority to waive this portion of City Council Policy L-6. Our recommendation is to not support the raised patio and fence because they seemingly diminish the rights of the public, present and future which is in contrary to Policy L-6. Backaround on Grand Canal Sidewalks and Encroachments: In reviewing the historical files, drawings and actions, encroachments along the Grand Canal and Balboa Island Bayfronts have had a long history of challenges. The entire perimeter of Balboa Island (both islands) has a 10 -foot wide public right-of-way. The 100, 200, and 300 westerly blocks and 100 easterly block of the Grand Canal were originally built with 5 -foot wide sidewalks along with adjacent seawalls as part of a 1929 assessment district. The remainder of the Island was then built with 8 -foot wide sidewalks along with adjacent seawalls as part of a 1935 assessment district. Our historical guess is that the City leaders at that time thought an 8 -foot wide sidewalk was more appropriate than a 5 -foot wide sidewalk. Approximately 90% of the Island perimeter has 8 -foot wide sidewalks and the 4 blocks along the Grand Canal mentioned above have a 5 -foot sidewalk. Historically, many properties appear to have unpermitted encroachments into the public right-of-way with picket fences that were either original or added over the years. Now the trend is raised concrete patios, and decorative bricks and blocks in the right-of-way. In addition to having buried "telephone -pole" wood anchors for the seawall behind the sidewalk, the areas behind the sidewalk were set aside as part of the public walkways and basically created a public set -back area behind the sidewalk (i.e. so fences were set back away from the sidewalk.) In the mid-90s, the City Council and staff extensively studied the encroachment issues on the Island, but there was no resolution. Instead City Council Policy L-6 continued to be the guiding document regarding encroachments. Council Policy: City Council Policy L-6 "Private Encroachments in Public Rights -of -Way" explains and describes how the public rights-of-way are to be reserved for public use or open space; and that the rights of the public, present and future, are not to be diminished by the 18-2 Request to Install Private Improvements Within the Grand Canal Public Right -of -Way at 119 Grand Canal (N2016-0375) August 9, 2016 Page 3 installation of private improvements within the public rights-of-way. The Policy specifies allowable and prohibited encroachments and describes the required permits or encroachment agreements. The policy was originally established in 1969 and has stayed relatively the same over the last 20 -years, Section A, outlines the general encroachment prohibitions, "...structural encroachments including fences, walls, patios, raised planters, etc., which encroaches in excess of 1 - foot into the public right-of-way..." are prohibited. Section D further clarifies the allowable structural encroachments on Balboa Island, particularly the Bayfronts and Grand Canal. Fences and patios are allowed as encroachments, but they shall have a minimum setback of 2 -feet 6 -inches from the back of sidewalk. The property owner is requesting City Council consideration for waiver of this policy to allow construction of a private 1 -foot high raised concrete patio, 24 -inch high fence, stairs and gate. It is important to note that the primary effectiveness of Council Policy L-6 is in its application during the development process. As properties redevelop, properties are required to meet all current standards in City Policies. Encroachments and L-6 enforcement also come into play when property owners attempt work without a permit. As a matter of practice, the City does not pursue code enforcement on existing encroachments even though they may be in violation of the Policy. Rather, those properties are asked to come into conformance as they redevelop. Surrounding Properties: Based on recent field review, most of the properties (>75%) along Grand Canal have encroached into the public right-of-way. This is also similar along the Bayfronts. Most of these encroachments are unpermitted or are not in conformance with Council Policy L-6. On the 100 block of Grand Canal, all of the properties have some form of fence, wall or patio encroachment right next to the sidewalk. It is noticeable as you walk along the sidewalk, fences and walls on one side of the sidewalk and the seawall on the other. Streetlights are behind the sidewalk and all of the walls and fences notch out for them. The fences, walls, and patios do give the perception that the edge of the sidewalk is edge of the public right-of-way. In addition to 119 Grand Canal, there are two other properties along the Grand Canal being rebuilt. Both of these new homes are adhering to the Council Policy for encroachments. Other private property reconstruction projects are also in process. Details about 119 Grand Canal: The original plan check approved by the City (Plan Check 1669-2014) proposed to construct the raised patio, fence, stairs and gate entirely within private property. It appears that the architect may have incorrectly assumed that the property line was the edge of the sidewalk and therefore they were planning to construct a raised patio, fence etc. in the public right-of-way. During construction, Public Works staff had discussions with the project architect regarding City Council Policy L-6 and what improvements are allowed within the Grand Canal public right-of-way. The owners are insisting on 18-3 Request to Install Private Improvements Within the Grand Canal Public Right -of -Way at 119 Grand Canal (N2016-0375) August 9, 2016 Page 4 permission for the encroachments, and staff has informed them that only City Council can waive City Council Policy. The owners are now petitioning City Council to waive City Council Policy L-6. It should be noted that construction completion is less than two months away on the house. The encroachment request is for a 1 -foot high raised concrete patio, 24 -inch high fence, stairs (2 steps) and swing -gate constructed directly behind (next to) the sidewalk (3 feet into the Grand Canal right-of-way). The total height of the encroachment is proposed to be 36 -inches above the adjacent Grand Canal sidewalk grade and directly adjacent to the sidewalk. In addition, the owners are proposing to install stairs and a 36 -inch tall swing -gate within the Grand Canal right-of-way. Property Owners' Reasoning: The property owner has explained several reasons for this request and they are outlined as follows: A 36 -inch high white picket fence has been at the edge of the sidewalk (in the encroachment) at least since they have been owners in 1984; they are asking to keep patio area as they have always had it, grandfathering it in, but allowing it to be raised; their property is classified as remodel as opposed to a new home; most other properties along the Grand Canal have fences or walls right next to the sidewalk; several properties have raised patios next to the sidewalk; they are willing to sign an encroachment agreement recorded with the property that acknowledges the City's future removal rights; their property would be the only and first on the block with the proper encroachment setback; the building setback on the west 100 -block is 5 -feet behind the property line giving them a very narrow, diminished and difficult use of their patio; and encroachment will give them a 8 -foot wide private patio; they are asking for permission in comparison to many properties that may have unpermitted encroachments; and their request is reasonable in consideration of these many factors. .,taff rAviPXA/• Staff has reviewed this request in detail and does not have the administrative authority to waive this portion of City Council Policy L-6. Our recommendation is to not support the raised patio and fence because they seemingly diminish the rights of the public, present and future which is in contrary to Policy L-6. Our general thoughts include: The Bayfront and Grand Canal sidewalks around Balboa Island are high demand pedestrian areas. Official and unofficial demarcation of the public right-of-way is important for the public to visualize. Fences and raised patios set these demarcations for the public and the area behind the sidewalk is intended to be an open feel setback area with landscaping to enhance the sidewalks and properties. The seawall will require replacement at some time in the future and the area will be needed as part of that construction. There are buried seawall anchors behind the sidewalk under the requested encroachment area. Future widening of the 5 -foot sidewalk is likely, perhaps matching the other 8 -foot wide sidewalks or as part of future seawall reconstruction. Even though an encroachment agreement can obtained, it is 18-4 Request to Install Private Improvements Within the Grand Canal Public Right -of -Way at 119 Grand Canal (N2016-0375) August 9, 2016 Page 5 extremely difficult for the City to reclaim encroachments are especially difficult to issues for the property owner and the City. encroachments if needed. Raised patio reclaim as they create access and grade The encroachment policy is non-aggressive because encroachments are brought up to standard one by one as properties redevelop. The City will be in existence for a long period of time and over time corrections to these encroachments put all properties and sidewalks into conformance. The policy allows non -permanent features and some encroachments area for each property allowing them to utilize some public space and to maintain their unique designs and character. Lastly, a waiver in this case may open the flood gate for other requests to waive the encroachment policy especially for other properties in construction along the Grand Canal. Options: 1) Staff recommendation: deny the request and direct the property owner to revise the proposed improvements to comply with City Council Policy. 2) Approve the waiver request; direct staff to prepare an encroachment agreement between the City and Owners and authorize the City Manager and City Clerk to execute the encroachment agreement within one calendar year upon receipt of approval. Insert additional language in the agreement regarding future seawall reconstruction and potential sidewalk widening. 3) Approve a "grandfathered" plan and waiver; in consideration that this project is a "remodel" and an unpermitted picket fence encroachment existed prior to the construction, "grandfather" all of their previous encroachments — i.e. approve a fence, gate and patio encroachment at the sidewalk, but deny the raised patio. Direct staff to prepare an encroachment agreement between the City and Owners and authorize the City Manager and City Clerk to execute the encroachment agreement within one calendar year upon receipt of approval. Insert additional language in the agreement regarding future seawall reconstruction and potential sidewalk widening. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the project includes the construction of accessory structures which have no potential to have a significant effect on the environment NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 18-5 Request to Install Private Improvements Within the Grand Canal Public Right -of -Way at 119 Grand Canal (N2016-0375) August 9, 2016 Page 6 ATTACHMENTS: Attachment A — Location Map Attachment B — Proposed Encroachment Plan Attachment C — Property Owner Request Letter Attachment D — Approved Plan Check Layout Plan Attachment E — Photos of 119 Grand Canal Attachment F — Photos of Surrounding Grand Canal Properties Attachment G — City Council Policy L-6 18-6 L- 209J-208- 209 207_4 266 :;,207 274 203 2( 203-1,!f 1,200 20 IW201q',12 2,7zt/2, 127 127 t22 -21 lj 120 # X121 19 1 l2, 8-1- 2 V -, i19,112 119 i� lt7j, 11.6 11,7 <f 114 11-3 ":Jil 2 113' w,1-141 To-il 115112 OTATY/ 27 .1099 105 ,71106 107 .1 CD Lo �2 —Aw 4 40 bt lo,F2%0-p2 �-�i 1200, PARK ME !072 206 -, �Lj !05 Z- 04 �' '" 200 - 4- 200 1241/2 124 T,22 ys Ll co lz- :t 1,1 ML6 I FRONT ALLEY S., moft MOL CN 00 0 t CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 18-7 Requested Encroachment Plan \00i I q + + I I I" FIDE MICRO DRAIN L + I I I PROPOSIM I GOi�Rr�TE — - y PATIOLn r j + F1 77 I" INVE MICRO DRAIN �9p,D j N L I �qGB� FfV B[7 FME 36' ABOVE 60ARDAALK EXI571N6 STREET LI*M Q 3b' 0:3Z 5ATE €'uLKHEA[7 GRAND CANAL FRONT PATIO 51 TE PLAN LEGAL DESCRI PTI JN LOT 112, BL 6K 2, SECTION 4 BALBOA ISLAND ;ems HART AND ANKA MRI NER I f 1 RAND .ANAL BAL BOA ISLAND, CA. 12662 14q . 257 . 6520 06.06.16 ARCHITECT; RIF CONCRETE 5TEP5 -'7" RISE MAX W TREAD MIN. BARRY WALKER P.C. BOX 11656 NEWPORT BEACH, GA, 02655 q4q . 24b . 4055 SNARCH.B I Z@ GMA 1 L.COM III GRAND CANAL Property Owner Request Letter ATTACHMENT C From: hart wurner To: Vukojevic, Mark Subject: Wurner Duplex at 119 and 119.5 Grand Canal, Balboa Island Date: Thursday, July 28, 2016 8:30:05 PM Thank you, Mark and Honorable Mayor Dixon and City Councilman Ed Selich for making the fine effort to personally inspect and lead this move to enhance this area! I. Slightly raise existing 1933 vintage patio during approved home remodel *Request raising by about 11 " as part of remodel for uniformity, safety and enjoyment *May not have done remodel if we, architect and builder, had known about encroachment *Remodel in progress to improve overall safety and beauty of building and charming area *Took portion of living room to enlarge small patio and now loose it due to step-down? *ALL patios around here, new and old, are in one single line next to the sidewalk *Safer and easier access for tenants, postal carrier and owners *Installing elevator etc. to serve handicapped travelers *This little patio is our and our tenant's living room IL Wle feel singled out if waiver to raise existing patio 17 " is denied- - lFlould enied. -Mould look like jagged line and impact cha ml value to summer rentals and owners --City light post could be an obstruction and could create unsafe conditions ---Less safe step-down directly from both home entrances for tenants and owners ----Harder to design/apply safety lighting along unexpected step-downs -----May protect home less from potential wave action and sidewalk flooding ------As our Honorable Mayor and Public Works Deputy Director personally observed, vacation renters also enjoy larger, level and elevated patio views! >Basically NO GAIN for Newport Beach and seems contrary to common sense!< Mark, please forward comments as needed and also thank Dave Webb, Dave KIff and Engineering Staff for planning and considerations! Did you and Gary get all of Newport Beach Architect Barry Walker's plans? Do you need more photos or larger ones? Thanks again and Greetings from Hart and Anke 18-9 Approved Plan Check Layout Plan SITE Pj.AN yam, r`.s�7 pLOLIL yk*K6 RAL 14� LAO Or APPPVVV ri+elr ICE ALL 1OF: r AN/ CxEnr� nnc y4y4i,c!°"�i'�`T+tw VC 4Mr fAPR b� � m M'IftPrtrRMS rtl oC IMSA OS'4rAT MO {% Or Tilt A iyTOC 4W'°1 R AF M Ll"J4A�Cb" GT !/C KeLk r17� ;,{ar'4h:'tlrl �id*DMS " A p Mtojv,T ©yam 'M F40DCK GALEilpA O -A00 C.#4 -OV OA dmo; PRD ECT APZMTWT 6Argf• '%.L'Um O M "Oft .i. 7Ai yddl.. PRO.=T mmwt Amu AUL-C AY.[ ase w "M Ow r5+o ArvnC cA¢.raa«► . AA+AMA. r1t0.ls.T . /R/T n[+a� 'o •<ore w* rati. w raa c+x+� 2 PAr cA�xT rPo._ . t sero M OMP i,.T=A &DAGeOr+ 6L0 x+aa Vi•+ + . r a'""waves• `. ac ■ccw L SAL DL'bMPTION C4 AS&PICATkM OG[J'ANL* 1y.N uatesw.e*fPia *^'rs ST • s coM+�aero� s.A.L x +�nr *� Sow ev+T,ors Gs uec. csr. 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Rimer! rA A�l�LwKt. yXA� 1A71 � Aid �1 K rrine P "W" YNM w• +�: N+rw«m ECrc�„P. y� rrtir! rl+rvf» riAM ts[K vpR+FK MO AA nIDfS L04A� # SP1+D ASN � p�A1� HM�AL r-flA1Irllll R SSTAr,� h :GIST 1� Td A Ai9Q 7 �dID'�Sp��s!'/t lY 71 I moe �711'61 lM Y PR rMil!lrAY yAir}�-rrO MM7 4OF � yyrRY rITr�I A 1MLL I 18-10 Photos of 119 Grand Canal ATTACHMENT E . ~ Patio Photo Prior to Construction W Patio Photo Prior to Construction 18-11 Photos of 119 Grand Canal ATTACHMENT E Sidewalk Photo Prior to Construction (Yellow House) 18-12 Photos of 119 Grand Canal ATTACHMENT E Photos During Construction 18-13 F Photos of Surrounding Grand Canal Properties 18-14 w - At; 18-15 im City Council Policy L-6 PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS-OF-WAY It is the general policy of the City that the public rights-of-way are to be reserved for public use or open space; and 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. Categories of private encroachments and improvements are listed below, together with the permit requirement for each category. A. Private encroachments prohibited. 1. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach in excess of 1 foot into the public right-of-way, or exceed 3 feet in height, measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists. 2. Driveway approaches not conforming to Council Policy L-2. 3. Ocean front street end, or Bay front street end improvements not conforming to Council Policy L-8. 4. Ocean front alley end improvements not conforming to Council Policy L-8. 5. Modifications to original design concepts approved by the City. 6. Private signs except as provided for in the Building Code. 7. Lighting. 8. Parkway surfacing of loose rock, gravel, or any surfacing other than standard or colored/ textured concrete or flat stone/brick/pavers installed at grade. 9. Private dwellings and appendages including raised patios and decks, except as provided for in this section and the Building Code. 10. Pay telephones and private mail carriers drop boxes. 1 18-17 B. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department and Municipal Operations Department approval. 1. Tree planting and removal. 2. Shrub planting and removal. 3. Median landscaping. If, in the opinion of the Municipal Operations Department, the approved planting is not being maintained for view and safety clearance, Chapter 10.50, "Public Nuisance Abatement," of the Municipal Code shall be used to remove offending plant material. The permit applicant shall reimburse the City of Newport Beach for the value of any City tree removed by this process. This value will be determined by the City Arborist using the International Society of Arboriculture's "Guide for Plant Appraisal." C. Private encroachments requiring an encroachment permit and if applicable an encroachment agreement from the Public Works Department. 1. Drive approaches conforming to Council Policy L-2. 2. Standard sidewalks. 3. Carriage walks. 4. Parkway surfacing (standard or colored/ textured concrete or flat stone/brick) installed at grade (subject to Municipal Operations Department review for tree well location). 5. CATV and public utility facilities. 6. Structural encroachments not otherwise listed; including, but not limited to, fences, walls, patios, raised planters, etc., which encroach 1 foot or less into the public right-of-way. If, however, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the item to the Council for action. 2 MUM 7. Mailboxes, when required by the U.S. Postal Service. The front of mailbox shall be aligned in the same vertical plane as the back of the curb. Mailbox base construction length shall not exceed the length of the mailbox, or 24 inches, whichever is less. 8. The placement of utility pedestals shall be at the back of sidewalks on arterials and major pedestrian thoroughfares without zero setbacks. There shall be at least 4 feet of clear sidewalk width and/or pedestals shall be placed in the parkway outside of walk area. 9. When connecting to or relocating public utilities. 10. Artificial Turf up to 100% of the required parkway landscape area. Artificial turf grass shall be installed in accordance to manufactures recommendations. Material must be securely anchored and maintained so as to eliminate disrepair, fading, tearing, wrinkling and or edge curling or any other type of material performance. Material shall be replaced prior to the aforementioned conditions occur. Prohibited application: Indoor and outdoor carpet, green in color or otherwise. The Director of Public Works shall from time to time update the standards for this application. See Artificial Turf - Material and Installation Standards. D. Private encroachments requiring an Encroachment Permit from the Public Works Department and subject to the execution of an agreement for non-standard improvements. 1. Structural encroachments not otherwise listed which do not exceed 3 feet in height measured from the top of curb elevation/ or from sidewalk elevation where sidewalk exists, including, but not limited to fences, walls, and raised planters in public rights-of-way in areas that are more than 8 feet behind the face of curbs on the following streets: a. Santa Ana Avenue from Cliff Drive to Fifteenth Street. 2. Permitted Structural Encroachments on Balboa Island along South Bay Front, North Bay Front, Grand Canal, and East Bayfront are as follows: a. Planters that do not exceed 1 foot in height located within 2'-6" of the back of existing sidewalk, planted with ground cover and 3 NOR shrubs not to exceed 2 feet in height measured from sidewalk elevation; b. Fences with a minimum setback of 2'-6" from back of sidewalk. For patios constructed at grade elevation to 1' above sidewalk grade elevation, Fences may be 3' high above sidewalk grade. ii. For patios constructed greater than 1' above sidewalk grade elevation, Fences must be set back a minimum of 3' from back of sidewalk, not exceed 2'-6" in height above the patio, have at least 40% visibility through them, and not to exceed 4' in height above existing public sidewalk grade. C. Patios with a minimum setback of 2'-6" from the back of sidewalk. Raised Patios are permitted provided they have a maximum height of 2'-6" above sidewalk grade, are set back a minimum of 2'-6" from back of sidewalk, and provided all bulkhead deadman and tiebacks supporting the Bay front bulkhead are replaced "If required by the Public Works Department" in conformance with the requirements of the Public Works Department; Stairs located a minimum of 2'-6" from back of sidewalk. 3. Structural encroachments not otherwise listed which do not exceed three (3) feet in height, including, but not limited to fences, walls, patios and raised planters in public rights -of -ways in areas that are five (5) feet behind the face of curb on the following streets: a. Southerly side of West Bay Avenue between 8th Street and 15th Street. 4. Non-standard encroachments, including, but not limited to fences, walls, and raised planters within City easements. If, in the opinion of the Public Works Department, the nature or location of this type of encroachment is such that Council review is warranted, the Department may forward the application to the City Council for original action. 4 18-20 L-6 The City Manager is authorized to execute, on behalf of the City, agreements for non- standard improvements which are entered into pursuant to this section or other authorization. E. Private encroachments not requiring a permit: 1. Parkway lawn and ground cover. 2. Parkway sprinkling systems. 3. Use of public streets and projections over public property which are covered by the California Building Code or California Residential Code under a valid building permit issued by the City. F. Application for any permit as required by this policy shall be filed with the Public Works Department on a form to be provided by the City and shall show the proposed planting or work and the nature thereof. If the application is for a permit required under Section A, it shall be forwarded to the City Clerk for submission to the City Council. If the application is for a permit under Section B, it shall be processed by the Municipal Operations Department. Drawings for encroachment permits requiring City Council review shall be prepared to scale. Plan and elevation drawings shall accurately depict location, height, and extent of the proposed encroachments. No building permit shall be issued on a parcel whose access requires City Council review for an encroachment permit on public property, until said encroachment permit has been issued. G. Variances from the strict application of this policy shall not be granted unless individual circumstances indicate that approval will be consistent with the public interest. Adopted - August 25,1969 Amended - August 14,1989 Amended - February 14,1972 Amended - November 27,1989 Amended - August 11, 1975 Amended - December 9,1991 Amended - February 9,1981 Amended - December 14,1992 Amended - November 23,1981 Amended - July 12,1993 Amended - October 27,1986 Amended - January 24,1994 Amended - January 26,1987 Amended - May 9,1994 Amended - July 13,1987 Amended - February 27,1995 Amended - February 13,1989 Amended - February 26,1996 5 18-21 L-6 Amended - May 8, 2001 Amended - January 27, 2015 18-22