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HomeMy WebLinkAbout17 - Drive Approach at 3412 Marcus AvenueMay 23, 2000 CITY COUNCIL AGENDA ITEM NO. 17 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: APPEAL OF JERRY G. MAIZE, EDWARD YAWITZ, AND STEVE BROWN TO RETAIN A DRIVE APPROACH AT 3412 MARCUS AVENUE RECOMMENDATION: Deny the appeal to retain the existing driveway approach. DISCUSSION: Previous owners (the Boyers) remodeled the property located at 3412 Marcus Avenue with an approved Modification No. 3994. The modification reduced the depth of the existing garage. The Boyers requested the City to allow them to retain the drive approach for use by an electric cart (required for medical reasons), which fits into the substandard garage. The Boyers executed an Encroachment Nreement with the City in 1994 permitting them to retain a drive approach along the 35 Street frontage with the stipulation that no vehicles would be permitted to block the public sidewalk and that the drive approach would be removed when the property was sold. The Encroachment Agreement was fully executed and recorded with the Orange County Recorder's Office (see Exhibit "K). The City became aware of the property's sale in 1999. A letter dated July 26, 1999, (see Exhibit "B ") was sent to the new owners requesting the drive approach be removed in accordance with the Encroachment Agreement. The drive approach was not removed and the City sent additional letters dated October 25, 1999, and November 30, 1999 (see Exhibits "C" and "D "). The new property owners sent a letter of appeal, received by the City on April 2, 2000 (see Exhibit "E "), requesting the drive approach be retained. Subject: Appeal of Jerry G. Maize, Edward Yawitz, and Steve Brown to Retain a Drive Approach at 3412 Marcus Avenue Date: May 23, 2000 Page 2 The Public Works Department recommends removal of the drive approach due to the garage and driveway not meeting City standards, which creates an enforcement problem. Staff feels that permitting retention of this drive approach will set a precedent for other owners requesting curb cuts for substandard parking spaces. ,::J, Respectfully)0 Don Webb Public Works Director By: Richard L. Hoffstadt, P.E. Attachments: 1. Exhibit "A" — Property location exhibit 2. Exhibit "B" - Photos showing property location 3. Exhibit "C" — Encroachment Agreement 4. Exhibit "D" - Letter dated July 26, 1999 5. Exhibit "E"— Letter dated October 25, 1999 6. Exhibit "P — Letter dated November 30, 1999 7. Exhibit "G" — Appeal Letter — received April 3, 2000 F:\ Users \PBW\Shared \COUNCIL\Fy99- 00\May- 2313412 MARCUS.doc J RIVO 3S' rZ 'x w Ha a 0 -X15-7 D/t�vEway S�2✓ /NG ClJ2A�c MARCUS ALTO 3412 MARCUS AVE. EXHIBIT "A" AVENUE EWHOBOT "A" I 3 ♦ nh� w� t 'vTuw 4 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach Post Office Box 1768 1100 Newport Boulevard Newport Beach, CA 92659 -1768 EXHIBIT "C" DOC 0 94- 0201354 22- MAR -199q 10:55 AM space above this line for Recorder's use only. 7�TN S AGREEMENT is made and entered into this J A day of , 199 by and between Alexander and Deborah Boyer, whose address 1412 Marcus Avenue, Newport Beach, hereinafter referred to as "OWNERS ", and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, hereinafter referred to as "CITY "; WHEREAS, OWNERS own the real property located at 7412 Marcus Avenue, Newport Beach, California 92662, legally described as Lot 7 of Block 714 in Canal Section, Newport Beach as said lot is shown on a map filed in Book 4, Page 98 of Miscellaneous Maps, Records of Orange County, California, hereinafter referred to as "RESIDENCE "; and WHEREAS, OWNERS have requested a modification (Modification No. 1994) to permit the remodel of an existing duplex which will result in a garage space with a depth of 15 feet 4 inches, where Zoning Code requires a minimum of a 16 foot depth of a the third parking space; and WHEREAS, Modification No. 1994 was approved by the Modification Committee on April 28, 1992 with a condition that the existing drive approach located on 15th Street, hereinafter "APPROACH" be removed as the garage will not meet City standards for depth once the remodel is complete and as all vehicular garage access will be provided from Marcus Avenue; and WHEREAS, OWNERS have requested that APPROACH be permitted to remain for use by an electric cart needed for medical reasons; and WHEREAS, CITY desires to condition approval of APPROACH; and WHEREAS, the parties hereto desire to execute an agreement providing for future removal of APPROACH; 1 R4rt&2 y l i _ItOC I NOW THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that APPROACH shall be as shown on Exhibit "A ". 2. OWNER and CITY further agree as follows: a. OWNERS shall be permitted to have APPROACH in substantial conformance with plans and specifications therefor on file with the Public Works Department, and as described in Exhibit "A" hereto attached. b. OWNER agrees not to park electric carts or any other vehicle across the 35th Street right -of -way, blocking pedestrian usage of the public sidewalk. C. CITY agrees to permit APPROACH to remain until such time as RESIDENCE is sold. d. OWNERS shall replace APPROACH with curb, gutter and sidewalk and be responsible for-all permit and construction costs associated with the replacement of APPROACH with curb, gutter and sidewalk to CITY standards when RESIDENCE is sold. 3. OWNERS agree that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of OWNERS interest in the land whether fee or otherwise, and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first -above written. APPROVE4M* RBy: TTE� t �rney City Cler 3 CITY OF NEWPORT BEACH, a Municipal corporation r. I ,VV /i.1/av OWNERS: i I 7 RIVO ALTO MARCUS AVENUE 2 MM O B O T uo A ao July 26, 1999 EXHIBIT "D" CITY OF NEWPORT BEACrn PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3311 Brown Family Trust 3412 Marcus Avenue Newport Beach, CA 92663 SUBJECT. Removal of Drive Approach of Marcus Avenue Gentlemen, In 1994, Alexander & Deborah Boyer, the owners of 3412 Marcus Avenue constructed a drive approach on Marcus Avenue for the use of an electric Cart with the understanding that the drive approach would be removed when the property was sold. The agreement was recorded in the Office of the Orange-County Recorder on March 22, 1994, Document Number 94 -0201354 (see attached agreement). Our records indicate that the property has been sold and you are the new owners. The City is requesting that you have the drive approach removed and replace with curb, gutter and sidewalk under an Encroachment Permit issued by the Public Works Department within the next 90 days. An Encroachment Permit for the drive approach removal can be obtained in Public Works Department located at X-00 Newport Boulevard between 7.30 AM and 5.00 PM Monday through Friday. If you have any questions of need additional information, please feel free to call me at (949) 644 -3324. Sincerely, l' Richard L Hoffstadt Development Engineer Attachment leWs.laVAar= -& RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach Post Office Box 1768 / 1700 Newport Boulevard Newport Beach, CA 92659 -1768 i►O" q 94- 0201354 22- MAR -1994 10:55 AM Space above this line for Recorder's use only. � TH S AGREEMENT is made and entered into this / 71 day of J /� �(Llz 199 by and between Alexander and Deborah Boyer, whose address id Marcus Avenue, Newport Beach, hereinafter referred to as "OWNERS ", and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, hereinafter referred to as "CITY"; WHEREAS, OWNERS own the real property located at 7412 Marcus Avenue, Newport Beach, California 92667, legally described as Lot 7 of Block 374 in Canal Section, Newport Beach as said lot is shown on a map filed in Book 4, Page 98 of Miscellaneous Naps, Records of orange County, California, hereinafter referred to as "RESIDENCE "; and WHEREAS, OWNERS have requested a modification (Modification No. 7994) to permit the remodel of an existing duplex which will result in a garage space with a depth of 15 feet 4 inches, where Zoning Code requires a minimum of a 16 foot depth of a the third parking space; and WHEREAS, Modification No. 7994 was approved by the Modification Committee on April 28, 1992 with a condition that the existing drive approach located on 75th Street, hereinafter "APPROACH" be removed as the garage will not meet City standards for depth once the remodel is complete and as all vehicular garage access will be provided from Marcus Avenue; and WHEREAS, OWNERS have requested that APPROACH be permitted to remain for use by an electric cart needed for medical reasons; and WHEREAS, CITY desires to condition approval of APPROACH; and WHEREAS, the parties hereto desire to execute an agreement providing for future removal of APPROACH; 1 pas7'eo y 1'- NOR TREREFDRE, in consideration of the mutual promIgg,_, the parties hereto agree as follows: 1. It is mutually agreed that APPROACH shall be as shown on Exhibit "A". 2. OWNER and CITY further agree as follows: a. OWNERS shall be permitted to have APPROACH in substantial conformance with plans and specifications therefor on file with the Public Works Department, and as described in Exhibit "A" hereto attached. b. OWNER agrees not to park electric carts or any other vehicle across the 35th street right -of -way, blocking pedestrian usage of the public sidewalk. C. CITY agrees to permit APPROACH to remain until such time as RESIDENCE is sold. d. OWNERS shall replace APPROACH with curb, gutter and sidewalk and be responsible for -all permit and construction costs associated with the replacement of APPROACH with curb, gutter and sidewalk to CITY standards when RESIDENCE is sold. 3. OWNERS agree that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of OWNERS interest in the land whether fee or otherwise, and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first -above written. CITY CF NEWPORT BEACH, a Municipal corporation OF APPROVED RM/ I. 8y: By:— / C y At arney y +go - M-11-1 '/ 2 OWNERS: i RIVO ALTO MARCUS AVENUE LSXH 0 B O T "A'a a October 25, 1999 EXHIBIT "E's CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3311 Jerry Mays 3412 Marcus Avenue Newport Beach, CA 92663 Subject: Drive approach on 35m Street Dear Mr. Mays: Approximately 6 weeks ago you contacted me in response to a letter from Richard Hoffstadt advising you of the need to close the subject drive approach. I indicated that I would review the history of your property and consider your request to retain the curb cut. Unfortunately, I misplaced your phone number and was not able to contact you and now feel it is more appropriate to contact you by mail due to the delay. It is my decision that the drive approach must be removed as required by Modification 3994 and the agreement executed with the City by the former owners on March 4, 1994. In reviewing the details of the Modification, it is clear that the area accessed by the drive approach on 35m Strut was intended to be used as a tandem space accessed from the driveway on Marcus Avenue. Tandem parking is a common solution to parking and there is no justification for your property to have an additional driveway. In order to resolve this matter, you are requested to complete the closure of the drive approach within 60 days of the date of this letter. Closure of the driveway requires an Encroachment Permit from the Public Works Department as described in Mr. Hoffstadt's earlier letter. Please contact Mr. Hoffstadt at 644 -3324 if you have need additional information. Once you have a firm date for the closure of the driveway, I'd be happy to discuss the issue of parking and red curb with you and your neighbors. Sincerely, Rih d M. Edmonston, P.E. Transportation & Development Services Manager Cc: Richard Hoffstadt a EXHIBIT "F" CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3311 November 30, 1999 Jerry Maize 3412 Marcus Avenue Newport Beach, CA 92663 Subject: Drive approach on 35'° Street Dear Mr. Maize: Approximately 10 weeks ago you contacted me in response to a letter from Richard Hoffstadt advising you of the need to close the subject drive approach. I indicated that I would review the history of your property and consider your request to retain the curb cut. I sent you a response about one month ago via Certified Mail which was returned as undeliverable. It is my decision that the drive approach must be removed as required by Modification 3994 and the agreement executed with the City by the former owners on March 4, 1994. In reviewing the details of the Modification, it is clear that the area accessed by the drive approach on 35m Street was intended to be used as a tandem space accessed from the driveway on Marcus Avenue. Tandem parking is a common solution to parking and there is no justification for your property to have as additional driveway. In order to resolve this matter, you are requested to complete the closure of the drive approach within 60 days of the date of this letter. Closure of the driveway requires an Encroachment Permit from the Public Works Department as described in Mr. Hoffstadt's earlier letter. Please contact Mr. Hoffstadt at 644 -3324 if you have need additional information. Once you have a funs date for the closure of the driveway, I'd be happy to discuss the issue of parking and red curb with you and your neighbors. Sincerely, Richard M. Fdmonston P.E. Transportation & Development Services Manager Cc: Richard Hoffstadt s61 a$2. /o1S EXHIBIT "G" City of Newport Beach City Council Members Public Works Department 1'p Box 1768 Newport Beach, CA 92658 Dear City Council Members, I am writing to you to request an appeal on the condition on modification 3994 that requires closure of the 35ih Sand drive approach at 3412 Marais Ave. We feel that the drive should be retained in the best interests of the community, neighbors and ourselves. Our concerns are as follows: 1. Substantial financial harm will be caused to the owners. Common sense and the professional opinion of our real estate agent agree that having a garage door with no street access would create a significant "white elephant" situation and seriously effect our ability to sell the property in the future and certainly lower the price we would receive. Have you ever seen a second floor opening or door where the stairway or porch has been removed? It looks ridiculous and reflects negatively on the owners, the neighbors and the community at Imp. Removing the drive approach will give the local community a very trashy look. Neighbors I have discussed this with agree and are concerned for their own property values. 2. Drive access serves another community interest as well. The owners ability to use the garage for motor gde's ( I own two ) and / or golf cart type of transportation would be impaired. Removing the drive approach would necessitate using the other tandem garage entrance and starting up my SUV/tuck, removing it from the garage fording a place in this highly congested area to ]d it idle while I then drive my motorcycle out. Then I'll have to find a safe place to park the motorcycle while I put the truck back in the garage. It would make it a tot more probable that the gas guzzling SW gets used for the run to the market Noise, fuel consumption, air pollution, traffic congestion (narrow streets)—it's not in the best interest of the communityl 3. Financial hardship: the cost of completing the work would be a burden. While your request for removal of drive approach is superficially a zoning issue, we can all agree that it was precipitated solely because of one neighbors repeated calls to your office and I would venture, desire to monopolize the parking on the 3P street col de sae. The cul de sac currently should accommodate at least two can on each side of the street plus the space in front of the drive access. Because that neighbor parks 2 cars 18 inches from the out he frequently blocks any access to the two front spots reducing paddng to his 2 ears plus the spot in foal of my drive approach Removal of the drive approach world allow two ears to block off the entire area area that should accommodate a minimum of 5 to six cars, thereby reducing available parking in a big* congested area by at least 3 spaces. Action by the city would not be in the best interests of the neighborhood nor community at large. We welcome other community serving solutions to this issue and would like to be part of the deciding process. Thank you for your attention to this mat ter. We respectfully await your feed back. Jerry G. Maize(on behalf of myself and joint owners Edward Yawitz and Steve Brown, tee.) 3412 Marais Ave Newport Beach, CA 92663 HM 949.675 -5836 WK 800- 228 -9555