HomeMy WebLinkAbout1985-08-27; City Council; 8307; Above ground encroachment permit - 3460 Highland'.
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CI- 4 OF CARLSBAD - AGENlifi BILL
ABOVE GROUND ENCROACHMENT PERMIT
3460 HIGHLAND DRIVE
RECOMMENDED ACTION:
That the City Council approve an above ground encroachment
permit (after installation) of a retaining wall within City
right-of-way.
ITEM EXPLANATION:
The Chaldy's of 3460 Highland Drive have requested an above
ground encroachment permit (after installation) of a retaining
wall they constructed three feet in height within City right-
of-way.
The retaining wall has been constructed outside of the existing
travel way and will help in keeping water, mud and loose soil
out of the roadway. As a part of their plans they would also
like to pave the existing dirt area between the wall and the
existing roadway. Both the wall and the proposed paving will
increase the size of the area which could be used as on-street
parking.
Staff is recommending approval with the condition that the
Chaldy's process and record a future improvement agreement on
their property for Highland Drive.
FISCAL IMPACT:
None.
EXHIBITS:
1. Letter to City Council dated August 2, 1985.
2. Sketch of proposed encroachment.
MEMBERS OF THE CITY COUNCIL
CITY OF CARLSBAD OFFICES
1200 Elm Avenue Carlsbad, CA 92008
August 2, 1985
Dear Members of the City Council:
SUBJECT: ENCROACHmNT PERMIT FOR ABOVE GROUND IP4PROVEMENT
LOCATION: 3460 HIGHLAND DRIVE
OWNERS: FRED AND CAROLYN CHALDY
Permission is requested to continue with work on a retaining wall which was 99% completed when a Stop Work Order from the
City was received on August 1, 1985.
Due to the fact that run-off water from the lawn mixed with
loose soil near the street, running across to the low side, we tried to end a public hazard b tructing a 3-foot high retaining Wall.
of Highland Drive only, there arkabout 15 properties whose various types of retaining walls protrude as far as, and
farther towards the roadway than this one in question. After
years of viewing various types of retaining walls at varying distances from the street, it did not occur to us that we would
need a permit to construct this. The slope of dirt was cut back as far as possible to the roots of a large tree in the center of the property without damaging it. This placed the retainer 19 feet from the center line of Highland, leaving ample space for off-street parking. The properties on either side of 3460 have no retaining walls, with ground gently sloping into the street.
Between Tamarac It?&% Se%n the east side
We are embarrassed to find that we are actually encroaching
onto the City's property approximately 11 feet. Now we are
aware that Highland's requirements are that an individual's
property lines begin 15 feet from the edge of the roadway, or 30 feet from the center of the roadway. The City's right-
of-way totals 60 feet. (Please refer to crude drawing attached which attempts to clarify the area in question).
Should the City ever decide to widen the street and provide sidewalks, then we would be eager to co-operate fully, even if it meant tearing down the retainer, and losing the tree.
We are willing to deed that piece of property to the City formally, if so required, because our basic intent is only to
upgrade the property. Since - all the driveways and retaining walls on Highland are irregular in order to preserve the trees
and character of that part of the City, we do not anticipate
the City sacrificing the large trees anytime soon in order to
construct sidewalks. Meantime, we request that we be allowed to proceed, since our plans were to clean up the area further by covering the gap of dirt at the base of the wall with asphalt to connect with the blacktop street for a smooth, clean,
and safe surface.
EXHIBIT 1
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LOCATION MAP
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PROJECT NAME
Encroachment - 3460 Highland Drive - Chaldy