ENCROACHMENT PERMIT 27TH STREET AND
OZONE COURT - JAY MITCHELL

 

Recommendation:

That the City Council approve the amended minutes of the meeting of June 12, 2001. Those minutes have been checked against the tape and amended (p. 10565) to be more accurate than the minutes approved on July 10, 2001.

Background:

The City Council reviewed the encroachment permit at the 6/12/01 meeting. The review was the result of a request by nearby residents to revoke the permit that had been granted to Mr. Mitchell, and concern about sight distance for drivers looking over the encroachment area. This is before you because the meeting minutes of 6/12/01 are not consistent with the motion that was made and approved. The motion was direction to staff to follow the recommendations of the traffic engineer and allow the encroachment to proceed. The minutes of the meeting need to be changed so that the action is consistent with the record. A copy of the revised minutes prepared by the City Clerk is attached.

The fence being constructed under this encroachment permit is consistent with the recommendation of the traffic engineer. A copy of a memo from the traffic engineer is attached. The concern of the traffic engineer is that the triangle area be free of obstructions above 36 inches. The fence under construction meets the conditions set by the traffic engineer. This is consistent with the direction to staff to proceed with issuance of the permit following the traffic engineers recommendations.

I have also attached the information that was distributed at the last meeting as well as an additional requests concerning the encroachment permit. These are attached for your information. Although, the evaluation of these letters is not the purpose of this report a few comments might be helpful concerning the attached materials. As you know, very often ideas discussed as part of an issue are not part of the final action. The only issue is the direction to staff. The fence, parking pad, etc. are all generally consistent with the drawing that has been presented at various times as this issue was considered. The encroachment permit meets the several requirements for its issuance. The area can not be counted for any land use entitlement. Any improvements must be removed at the applicants expense.

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