HomeMy WebLinkAbout1989-06-20; City Council; 10081; Above ground encroachment - 2861 Cacatua STCIV OF CARLSBAD - AGENI-" BILL fi!3
REQUEST FOR ABOVE GROUND FENCE ENCROACHMENT 2861 Cacatua Street 3EPT.ENG.
RECOMMENDED ACTION:
Approve Resolution No. W0l8? denying the Above Ground Encroachment for a fence at 2861 Cacatua Street.
ITEM EXPLANATION:
This is a request by Mr. and Mrs. Nicosia of 2861 Cacatua Street to install a fence within the El Fuerte Street right-of-way along the rear portion of their property. Section 11.16.150 of the City Code requires that City Council grant conditional permission for builders to build and maintain encroachments above ground level in public rights-of-way within the City.
Mr. and Mrs. Nicosia have stated the reasons for their request is to install the fence at the top of the slope along the rear side yard of their property. Presently the top of slope is located approximately three feet within the El Fuerte Street right-of-way. The Nicosias believe a fence at the top of the slope would be more aesthetically pleasing than one located further down the slope along their property line.
Engineering staff has reviewed the proposed fence location and recommends against the granting of this encroachment permit. Existing landscaping would have to be removed to install the fence. In addition, there are existing utilities nearby which could be adversely impacted by this encroachment.
FISCAL IMPACT:
None.
EXHIBITS :
1. Location map
2. Plat Map
3. Letter requesting encroachment
4. Resolution No. 89-
- - LOCATION MAP
~~~~~~ I EXHIBIT RoJECT NAME ABOVE GROUND FENCE ENCROACHMENT
2861.CACATUA ST I1
-- E & J Nicosia
.-
REQUESTED
ENCROACHMEN
ELECTRICAL VAULT
STREET LIGHT BOX
STREET LIGHT
Cacatua Street
Ff2u-e f - tl-pprosimare Pfof Pfm
EXHIBIT 2
.......... ........... ._
Peqoet t I or Permits ion
to Erect
Fence or Wail
Encroaching on Utility Pight-of-W8y
Obiect ire:
The objective of this request is to allow an aesthetically pleasing wall or fence to be
erected on the street side of the corner property at 2861 Cacatua Street. The proposed
wall is shown in the sketches of Attachment 1. It is part of an overall plan to install a
fence, as required by city ordinance, around a portion of the property which will include
the back yard of the residence and a new portable spa.
The site plan including the proposed location of the new wall and fence and the area in
question is shown in Figure I. As the figure shows, the area in question is along the non-
frontage street (El Fuerte) which borders the property and where there is no sidewalk.
The owner plans to erect an aesthetically pleasing stucco wall (matching the siding on the
house). or stucco posts spanned by black wrought iron or black chain link along El Feurte
Street .
Ptob tern:
The problem is illustrated in Figure 2. The current requirement is for a 10 foot setback
from the curb to the fence for utility right-of-way. As shown in the figure. however. the
property was originally graded so that the slope from the El Fuerte Street level down to
the residence level of the property begins at a 7 foot setback, rather than at IO feet. This
grading was accomplished well over a decade ago before the residence was constructed and
well before the current owner acquired the property from the first owner. The slope is
steep (1: I or worse) and the height (H in the figure) varies from about 5 feet at the house
end of the proposed wall to well over 20 feet at the rearmost end of the proposed wall
A wall constructed 3 feet or more down the slope would not be aesthetically pleasing from
the owner's point of view or from the street. point of view. In addition, it is unlikely that
the area taken by the encroachment. "Area X" in the figure. would be of any significant
use for utilities due to the steep slope of the surface. Therefore. 1 am requesting
permission to build the wall or fence along the El Fuerte Street side of my property at a
setback from the curb of 7 feet ra.ther than IO feet.
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RESOLUTION NO. 89-189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA DENYING THE ABOVE
h Nicosia have submitted a request to allow an
ithin the El Fuerte Street right-of-way; and
has determined that the encroachment would
to use the El Fuerte Street right-of-way;
ed by the City Council of the City of Carlsbad,
. Joseph Nicosia to
ay, is denied.
the Carlsbad City
Council held on the , 1989 by the following
vote, to wit:
NOES:
ABSENT :
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
'I