HomeMy WebLinkAboutJ-1 - Application of Janet Curci Walsh to Encroach 3 Feet into Public Right-of-Way at 808 South Bayfront, Balboa Island with 22 Inch High Raised Patio and Railing 3 Feet 4 Inches Above Sidewalk (EP 88-40)February 22, 1988
BY THE CITY COUNCICIITY COUNCIL AGENDA
CITY OF NEWPORT BEA 4EM NO. J-1
FEB 2 2 1988
TO: CITY COUNCIL APPROVED
FROM: Public Works Department
SUBJECT: APPLICATION OF JANET CURCI WALSH TO ENCROACH 3 FEET INTO PUBLIC RIGHT-
OF-WAY AT 808 SOUTH BAYFRONT, BALBOA ISLAND WITH 22 INCH HIGH RAISED
PATIO AND RAILING 3 FEET 4 INCHES ABOVE SIDEWALK. (EP -88-40)
RECOMMENDATION:
1. Deny the application, or
2. If the application is approved, make the approval 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 Donald C. Stine & Associates requesting per-
mission to encroach into the public right-of-way adjacent to 808 South Bay Front
with a raised patio and fence. Also attached is a letter from the Balboa Island
Improvement Association supporting the application. The location is shown on
the attached sketch.
Council Policy L-6, "PRIVATE ENCROACHMENTS 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.
Reasons for recommending denial of the application include:
1. The wording of Council Policy L-6 which states 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 pri-
vate improvements within the public rights-of-way.
2. The fact that if the seawall ever has to be replaced, the raised
patio will increase the difficulty.
Other similar applications have been approved by the City Council in
the past.
Benjamin B. Nolan
Public Works Director
BBN: so
Attachment
FEB 10 1988
February 10, 1988
Newport Beach City Council
3300 Newport Blvd.
Newport Beach, Ca.
STINEaAACHITECTURE
DONALD STINE S ASSOCIATES INC.
819 WEST SIXTEENTH STREET
NEWPORT BEACH, CA. 92663
650-1200
Subject: Application for Encroachment Permit
Janet Curci Walsh residence
808 South Bay Front, Balboa Island
Dear Members of the City Council:
We are currently designing a new residence at 808 S. Bay Front,
Balboa Island.
Enclosed are drawings depicting the proposed building footprint and the
patio.
On behalf of our client, Janet Curci Walsh, we are hereby appealing
to the City Council for approval to extend a portion of the brick
patio and railing to within 2 feet of the sidewalk, or 3 feet beyond
the property line. The patio level is approximately 22" above the
sidewalk and the cast concrete railing will be 18" above the patio.
We also propose a sidewalk level planter between the patio and the
sidewalk. This extension will put the new patio in line with what
appears to be the majority of patios along the bayfront.
We recently received approval for a similar project at 1100 S. Bay
Front.
We have also received approval for this encroachment from the Balboa
Island Improvement Association. A copy of their approval letter is
attached.
We thank each council member for their time and consideration on
this matter.
Very truly yours,
DONALD STINE & /ASSOCIATES, INC.
Donald C. Stine
DCS:me
Enclosures
cc: J. Curci Walsh
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.. A. FEB 101988
BALBOA ISLAND IMPROVEMENT ASSOCIATION
P.O. BOX x%64
BALBOA ISLAND. CALIFORNIA 92682
TELEPHONE 17141 675.1773
February 10, 1988
Don Stine and Associates Inc.
819 West Sixteenth Street
Newport Beach, CA 92663
Subject: ,Janet Curci Walsh Residence
808 South Bay Front
Balboa Island, CA 92662
Dear Mr. Stine,
After procedural investigation of your encroachment request
in behalf of Mrs. Walsh, the Balboa Island Improvement Association
approved said encroachment at its February 2 meeting, We feel
that the planter will blend with the other neighbors, thus
)eautifying the area.
We appreciate being given the opportunity to look at each
encroachment prior to submittal to the city, as some might not be
for the betterment of the immediate area and the Island in
general. However, in this particular instance, quite the opposite
will be the case.
Good Luck and don't hesitate to contact us if we can be of any
further assistance.
Sincerely,
Dave Twitchell
President