HomeMy WebLinkAbout20 - Encroachment Permit Appeal - 510 & 516 El Modena AvenueAugust 9, 1999
CITY COUNCIL AGENDA
ITEM NO. 20
TO: Mayor And Members Of The City Council
FROM: Public Works Department
SUBJECT: APPEAL OF THE DENIAL OF AN ENCROACHMENT PERMIT FOR THE
CONSTRUCTION OF A CURB CUT ADJACENT TO 510 AND 516 EL
MODENA AVENUE IN THE NEWPORT HEIGHTS AREA
RECOMMENDATION:
1. Deny the appeal for an Encroachment Permit to allow construction of a curb cut in El
Modena Avenue at 510 & 516 El Modena Avenue.
ME
2. Approve curb cut in El Modena Avenue to be constructed in conformance with City
driveway standards.
DISCUSSION:
Mr. Allen Drucker, the owner of 510 & 516 El Modena Avenue, is requesting approval of
an Encroachment Permit for the construction of a curb cut along the El Modena Avenue
frontage to provide parking for a new home (see attached letter dated July 15, 1999,
Exhibit "X). The rear of 510 and 516 El Modena Avenue abut an alley.
City Council Policy L -2 states that "curb cuts shall not be permitted to residential
property which abuts an alley ". Any exceptions to this policy must be approved by the
City Council.
All redeveloped properties along El Modena Avenue have provided or will provide
vehicular access from the adjacent alley. The City Council Policy L -2 requires property
owners that redevelop their property to provide vehiicular access from the adjacent alley
and remove any driveway access from the adjacent street. There are three properties in
the 400 and 500 blocks of El Modena Avenue that have vehicular access from the
street and they appear to have been constructed in the 1940's or 1950's, respectively.
Subject: APPEAL OF THE DENIAL OF AN ENCROACHEMNT PERMIT FOR THE CONSTURCTION OF A CURB CUT IN EL
MODENA AVENUE ADJACENT TO 510 & 516 EL MODENA AVENUE IN THE NEWPORT HEIGHTS AREA
August 6, 199
Page: 2
Allowing the construction of a new curb cut in El Modena Avenue will set a precedent to
approve similar requests in the future. As properties have redeveloped,. the City has
consistently enforced the alley access requirement in order to maintain the character of
the neighborhood and retain on- street parking.
It is recommended that the request for the new curb cut be denied.
Respectfully Submitted,
L �X/.C�t/l/
Don Webb
Public Works Director
By: ' L
Richard L. Hoffstadt, P.
Development Engineer
Attachments: Exhibit "A" - Letter dated July 15, 1999
Exhibit "B" - Exhibit showing location of parcel
f:\ users \pbw\ shared \counciRfy99- 00\august -9 \el modena.doc
0
Allen & Kathryn Drucker JUL 1509
• 62 Lakefront Irvine, CA 92604
949 -551- 2609
July 15, 1999
Mr. Rich Edmonston
Department of Public Works
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Dear Mr. Edmonton,
My wife and I have recently purchased two lots in the Newport Heights area, and we plan on
building our new home there. The address of these lots is 510 & 516 El Modena Avenue. We
plan on building one home, of approximately 4,500 square feet, on the two lots, even though
current zoning would allow us to build over 18,000 square feet on this property. We have plans
for a truly beautiful home, with exquisite landscaping.
There is an alley running behind the El Modena lots, and many of the homes there have access to
their garages via this alley. However, there are also several homes on the block that have access
to their garages via a curb cut on El Modena, which is what we would like to have, for security
as well as aesthetic reasons.
As our architect, G. Robert Ensign has pointed out to us, the City Council has established a
policy whereby property served by an alley should use the alley for vehicular access. This policy
was intended to provide maximum street parking in communities where street parking is highly
impacted by vast amounts of visiting traffic, such as in Corona del Mar and Balboa Island.
Unfortunately, this policy also seems to cover Newport Heights, even though a lack of street
parking is not a problem in this quiet neighborhood.
Due to the F ct that we are building only one home where we could build two, and due to the fact
that there is a definite precedent for curb cuts and driveways in our neighborhood, we ask that
the City Council grant us permission for a curb cut, and access to our garage from El Modena
Avenue. Since we cannot proceed with any stage of this project until this matter is resolved, we,
respectfully, ask for your attention to this matter, at your earliest convenience.
Thank you for your time and consideration.
A you , er
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PARCEL WHERE DRIVE ACCESS IS BEING REQUESTING