The URL can be used to link to this page

Home My WebLink About17 - Appeal of Richard L. Ridgway to Retain 5501 Seashore Drive Wooden Deck (Oceanfront Encroachment)September 28,1998 CITY COUNCIL AGENDA ITEM NO. 17 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: APPEAL OF RICHARD L. RIDGWAY TO RETAIN 5501 SEASHORE DRIVE WOODEN DECK (OCEANFRONT ENCROACHMENT) OWNER: Richard L. Ridgway RECOMMENDATION: Staff recommends denial of the appeal to retain the wooden deck along the ocean frontage at 5501 Seashore Drive. DISCUSSION: Richard L. Ridgway, the owner of the property located at 5501 Seashore Drive, has requested that he be permitted to keep in place an existing non - conforming wooden deck encroaching approximately 10 -feet along the oceanfront. The property is located at the southwesterly corner of Seashore Drive and 55'h Street. Initially, the non - conforming wooden deck was inspected and approved by Public Works on May 20, 1992, in error. The City Council Oceanfront Encroachment Policy L -12, Section CA, Prohibited Encroachments, states; "any new or existing encroachment or improvement which, on or after July 1, 1992, is not in conformance with this policy is prohibited ". The oceanfront encroachment does not conform with the policy in the following ways: 1. The existing wooden deck (see Exhibit "B" and photos) is 12- inches to 30- inches above the sand grade. Whereas, Section D.1 of the policy only permits patio slabs or decks no higher than six inches above sand grade. 2. The existing wooden deck (see Exhibit "B" and photos) is 36- inches to 42- inches higher than both the subject property located at 5501 Seashore Drive, and the adjacent neighbor's property located at 5503 Seashore Drive at finished floor grade. Whereas, Section D.1 of the policy only permits patio slabs or decks no higher than six inches above the adjacent residence. 3. The portion of the existing wooden deck (see Exhibit "B" and photos) is 42- inches high. Whereas, Section E.3 of the policy does not allow any object to exceed 36- inches in height, except conditional landscaping. 4. The City has no records of any applications filed for the 42 -inch high portion of the existing wooden deck prior to 1992 (see Exhibit "B" and photos). In addition, the 42- SUBJECT: APPEAL OF RICHARD L. RIDGWAY TO RETAIN 5501 SEASHORE DRIVE WOODEN DECK (OCEANFRONT ENCROACHMENT) September 28, 1998 Page 2 inch high portion of the existing wooden deck appears to be removable. Whereas, Section F.2 of the policy states; "Applications for new encroachments shall be filed before any encroachment or improvements is installed. No new encroachments or improvements shall be installed without an encroachment permit'. 5. The deck now has no railing to keep people on the deck from falling on to the adjacent property or into the street end. The Building Code would require a 36 -inch high railing. This is not allowed by Policy L -12 because the height would be almost 7 feet above adjoining property and block views. On March 4, 1998, Jeff Heimstaedt, the property owner of the adjacent neighbor's property located at 5503 Seashore Drive, brought to the City's attention that the existing non - conforming wooden deck located at 5501 Seashore Drive posed a safety hazard upon completion of his own conforming oceanfront patio (see May 31, 1998 letter). Richard L. Ridgway, the owner of the property located at 5501 Seashore Drive was notified to remove the non - conforming wooden deck (see attached April 30, 1998 letter). In response, Mr. Ridgway has requested an appeal to allow the non - conforming wooden deck to remain in replace (see attached May 14, 1998 letter). On June 1, 1998, Mr. Patrick Boyb, Attorney representing Mr. Ridgway, contacted the Public Works Department and offered to prepare a compromise to modify the existing non - conforming wooden deck. No alternative /modification deck proposals were ever submitted to the Public Works Department for review (see July 23, 1998 letter). The existing non - conforming wooden deck creates an unsafe condition to both properties located at 5501 and 5503 Seashore Drive. The Building Code requires a 36- inch high railing for any deck/platform 30- inches or higher in a residential property. Allowing a railing on a non - conforming deck to comply with the Building Code will perpetuate the problem, block views from adjoining property and will not meet the City Council Oceanfront Policy. Respectfully submitted PUBLIC WORKS DEPARTMENT Don Webb, Director Gilbert Wong Associate Engineer Attachments: Letters, Exhibit and Photos \ \dp\sys\ groups \pubwodcs\ council \fy98- 99\sept- 28\ddgway.doc April 30, 1998 Mr. Richard L. Ridgway 6752 Karin Place San Gabriel, CA. 92775 CITY OF NEWPORT BEACH PUB1.1C WORKS 1) EPA RTh1E'N I- P0. I3OX 1768. MAY110RT IIGACH, CA 92658 -8915 (714)644 -3311 Subject: 5501 Seashore Drive (Oceanfront Encroachment Permit) Dear: Mr Ridgway, Your neighbor (Mr. Jeff Heimstaedt, property owner of 5503 Seashore Drive) has recently constructed a conforming concrete patio with a 3 foot high block wall along the oceanfront and adjacent to your property at 5501 Seashore Drive. The City of Newport Beach Public Works Department has determined that the appropriate grade elevation to be approximately the sand elevation at the street end and the top of curb at the street end. During a recent inspection of the properties, it was noted that your existing wooden deck and removable wooden deck /storage space exceed the allowable 6 inches above the established grade and the finished floor grade of the adjacent resident. There is a potential hazard with your existing wooden deck being approximately 36 to 42 inches higher than both your property (5501 Seashore Drive) patio, your neighbor's property (5503 Seashore Drive) patio. and the street end improvements. Enclosed for your review is the Oceanfront Encroachment Permit Agreement that you executed. Please note No 1 (a) and No.2. (d) referring to "Authorized Improvements" shall be consistent and in compliance with the Policy, respectively. In addition, please refer to the enclosed Oceanfront Encroachment Policy L -12 under Section D.1. In order to remain in compliance with the provisions of your ocean front encroachment permit. your wooden deck and removable wooden deck /storage space which exceeded the maximum six inch height limit must be removed. Please take action to remove the non - compliance wooden deck within 30 days of receipt of this correspondence. If you have any questions regarding this matter, you may call me at (714) 644 -3334 Very truly yours, Gilbert Wong Project Engineer Xc. Jeff Heimstaedl F: USERS \PBMGWONG \wP51 \NOTI LTR \RIDGBP8 DOG 3300 Newport Boulevard, Newport Beach Mr. and Mrs. Jeffrey Heimstaedt 5503 Seashore Drive Newport Beach, Ca. 92663 May 3 I, 1998 Mr. Gilbert Wong City of Newport Hach Pn>bhc works Department P.O. Box 1768 Newport Bach Ca. 92658 -8917 Dear Gil: This letter is to follow up on your letter to Rklwd Ridgway, owner of 5501 Seashore Drive. As noted in your docvmemalioo, Mr. Ridgway has an original eoment patio and a mere rooetdly conatitrcted wooden deck. Tho cement patio is at approximately the same level as the finished floor of both his propety and our property. 7503 Srashoce Drive, and does not qpear'to be in tM emm�oadued area. Five stairs appear to lave been akklcd to provide s ocess flma his centem patio to Ids wooden deck to the eaanached aura that sks at least six inches above our thradoo high patio wall. Ibis repr sus an approximate throe and a baitfoot drop off onto eor directly adjacent oconeu patio and is an ox m us safety ri* to, not only children, but adt is as well and puts anyone who socidcotelly missteps in Joopardy of serious irdUty. When we bkkilt our items in 1 997, we were required to position our oaanhwu patio to conform w the structum of our neighbors on either side. Our City of Newport Beach Building Department approved plan was to construct our eaanschmmi sale pado so that it was within six inches of rho level of our neighbors' patios on either side, thereby complying with the Ominfirmt EagMdMXMjtmftAUS=r&ndes- You should also know that we approached Mr. Ridgway's personal representative and tenant regarding the satbty risk the elevated wooden deck presents His response was. "We know it's too high and not legal, but you aren't going to tell on us are you" We arc simply requesting that W. Ridgway's wooden, oaanfiont encroachment deck be lowered to the le.rd of his cement patio as well as all Ore other ooembout patios on the 5500 block, in order to comply with the rules stipulated in the Opumiltunt Encroacbm= Penult . This would reduce the risk of i0mtllne falling Ovm his "DnaoaAment area' deck ONO oa patio and eliminate the potential hebtitty to the City of Newport Bach, him, and ua We understand that the C ty of Nowpmt Beach created Urns roles to promote safety and etmsisteerq along the occita . encroachment and we want you to know that we approcialc your time and effort in eliminating this dangerous shustiom If you have any questions plesso call us at (949646. 5990). S/�i/n//c// /a�eh•. /J �/�j 1 / / ./ /i % /�Jf/ Mr. and Mrs. Jdit v HeimeAdi t r,' May 19, 1998 Public Works Department City of Newport each Att Mr Gilbert Wong PO Box 1768 Newport Beach, CA 92658 -8915. Dear Mr Wong, Thdnks for your phune call yesterday afternoon. In it., you asked that I send you a note concerning my future intentions regarding an appeal. When the beach encroachment policy was first established, I sent the City of Newport Beach a detailed dimensioned sketch of the existing deck in front of my property at 5501 Seashore Drive along with an application for an approval and permit for an existing improvement. On May 22, 1992, I was informed by letter that the public works inspector had completed an inspection of this existing improvement, and that a permit was hereby being issued. The structure has not been modified since. If I understand your position correctly, you believe that the original permit should never been issued, and therefore you are revoking it, even though I have paid all annual fees since then on time. When I asked if any review of your decision was possible, you informed me that it was only to the city council. It is my present intention to seek legal advice from someone pi acticiny law ill th,c aied, that person Veiny unkno—wil at this time.Depending on this advice, it is my intention to pursue an appeal as far as practicable. Sincerely yours, i Richard L Ridgway July 23, 1998 Mr. Richard L. Ridgway 6752 Karin Place San Gabriel, CA. 92775 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3311 Subject: 5501 Seashore Drive (Oceanfront Encroachment Permit) Dear: Mr. Ridgway, Per a June 1, 1998 telephone conversation, with your legal representative, Patrick Boyb, offered an alternative by lowering the wooden deck or a modification of the deck. As of July 23, 1998, 1 have not received any alternative deck proposal. Mr. Boyb has not returned my July 6, and July 15, 1998 telephone calls. Hence, you have until August 6, 1998 to submit a written plan for an alternative deck proposal. If no alternative deck proposal is received by August 6, 1998 and /or your alternative deck proposal is not acceptable to staff, the matter will be addressed at the next available City Council Meeting. If you have any questions regarding this matter, you may call me at (714) 644 -3334. Very truly yours, Gilbert Wong Project Engineer F: USE RS \PBW \GWONG \W P51 \NOTI_LTR \RI DGBP8B. DOC CC: JEFF HEIMSTAEDT 3300 Newport Boulevard, Newport Beach Ar, • SAND GRADE ESTABLISHED BY CITY NMI! 0 Awl� . L-.� . . 1. v ,� Ir J2 0 Awl� . L-.� . . 1. v ,� 0 0 0 ESTABLISHED GRADE DECK IS GREATER THAN 6 INCHES ABOVE DECK IS GREATER THAN 06 INCHES ABOVE FLOOR GRADE OF ADJOINING RESIDENCE T BOX IS 42 INCHES ABOVE FLOOR GRADE