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Encroachment permit application for the installation of stairs 07-02-13.pdf

Encroachment permit application for the installation of stairs 07-02-13.pdf

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Published by L. A. Paterson
Carmel City Council
Carmel City Council

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Published by: L. A. Paterson on Jun 29, 2013
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06/29/2013

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53
City CouncilAgenda Item Summary
MeetingDate:2July2013 Prepared b
y:
Marc Wiener,Senior Planner
Name:
Consideration
of
an
encroachment permit application for the installation
of
stairs in thepublic right-of-way onEighthAvenue two northeast
of
Junipero Street. The applicant isKristin Minnich.
Description:
In
December 2012 City staff identified thattheproperty owner at the subjectlocation had installed stone steps in the public right-of-way without a permit. Theproperty owner has applied for an encroachment permit to receive permission for thesteps.
Overall Cost:City Funds:
N/A
Staff Recommendation:
Approve the application.
Important Considerations:
CMCSection 12.08 outlines the City
's
process forreviewingencroachment applications. An encroachment is defined as
"any excavation,structure or object,temporaryorpermanent, upon,overor under anyCityproperty orpublicright-of-way,except driveways.
"
Decision Record:
N/A·
Attachments:
• Attachment"
A"
-Staff Report• Attachment
"
B"-
Photos/Plans• Attachment"C"-Right-of-Way Vision Statement Reviewed by:
Jason Sti
a.;i
dministrator
Date
I
~
 
54
CITY OFCARMEL-BY-THE-SEADEPARTMENT OFCOMMUNITYPLANNING AND BUILDINGSTAFF REPORTTO:MAYOR BURNETT AND COUNCIL MEMBERSTHROUGH:JASON STILWELL,CITYADMINISTRATOR FROM:MARC WIENER,SENIOR PLANNER DATE: 2JULY2013SUBJECT: CONSIDERATION OF ANENCROACHMENTPERMITAPPLICATIONFOR THEINSTALLATION OF STAIRS IN THEPUBLIC RIGHT-OF-WAY ONEIGHTHA VENUE TWO NORTHEASTOF JUNIPERO STREET. THE APPLICANT
IS
KRISTIN MINNICH.BACKGROUND AND PROJECT DESCRIPTIONTheprojectsiteis located onEighthAvenue two northeast
of
Junipero Street. InDecember 2012 City staffidentified that the property owneratthesubjectlocation had installedstonestepsin the publicright-of-way withouta permit. The property owner has applied foran encroachment permit to receivepermissionfor the steps. Thesubject property is located approximately four feet abovestreet grade.Priorto installing thestepsaccess to the property was provided by the driveway on the east side
of
the property.Therear
of
the housefaceseastandthe front door is on the west elevation.The homeowner andguestswould often enter the house through the rear bedroom.Theproperty ownerwouldlike to retain thestepsin the right-of-way because it provides better access tothefront
of
the residence.The City encouragesproperty owners to use decomposedgraniteor mulch whencreating apathway to provideaccessto properties. These materials do not require an encroachmentpermitandblend with the natural setting
of
theright-of-way. Stepping stones and pavingmaterial are discouraged andrequireanencroachmentpermit. However,becausethisproperty isslopedupfromthestreet stepsare preferableover loose materials like decomposedgraniteor mulch. Staff notes that theapplicantis proposingamulch walkway from the driveway to thesteps,which is permitted and does not requireanencroachment permit.
 
55
MinnichEncroachmentStaff Report2July2013
Page2
EVALUATION
Encroachment Permit:
CMC Section 12.08.030 requires an encroachment permit forall encroachments into the public right-of-way.Encroachmentpermits can be eitheracted upon by the City Administrator or forwarded to the Council forreview. The CityAdministrator has forwarded this application to the Council for review.CMCSection 12.08.060 establishes the encroachmentapplicationreviewstandards. Several
of
the applicable standards are outlined belowfollowed by abrief responsefrom staff.
A.Need.Theapplicant shall
be
determined to havea justifiable need
or
theencroachment, and theencroachment shallnotbe contrary
to
thepublic interest.
Response:Theapplicant has provided a justifiable needfor the steps.Whilesteps are notrequired,they do provide better access to the property and the residence. Theproposedstepshave a minimal impact on the City right-of-wayandwould not be detrimental to publicinterest.
B.
Safety.Thegranting
of
an encroachmentpermitshall not createahazardtopublic health
or
safety.
Response: The proposed steps do not createasignificant hazardtopedestrians or vehicles. As part
of
the encroachment application the propertyowneris required toobtain insurance andsigna notarized hold harmless agreement indemnifying theCity.
C.
Drainage. The proposedencroachment shallnot adverselyaffectthe normaldrainage
of
urfacewater, unless
an
acceptable mitigation is included thatwillbeadvantageous to thegeneralpublic and meet thestandardsherein.
Response: The proposed encroachment will notsignificantly impactthe normal drainage
of
surfacewater.
D.
Circulation
and
Parking.
1.
The proposedencroachmentshall notadversely
aff
ect vehicular and/orpedestrian traffic nor theparking
of
vehicles.
2.
The proposedencroachmentshall not adverselyimpact existingrights-of-waynor preclude
or
make difficult the establishment
or
improvement
of
existing
or
potentialstreets
or
pedestrianways.

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