10-24-2016 Council Packet - Laserfiche WebLink

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REQUEST FOR COUNCIL ACTION DATE: October 24, 2016 ITEM NO: 7 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards P.E. Y"_4 Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: Old Beach Road Right of Way (ROW) Encroachment List of Exhibits A- Image Map. D- Neighborhood Comments. B- Photos. E- Example Encroachment agreement. C- Resident Request 1. Purpose. The purpose of this action item is to get the Council's decision on granting an encroachment agreement and direction on placement of a private retaining wall within the ROW of Old Beach Road. 2. Background. The homeowners at 2560 Old Beach Road, had a retaining wall constructed adjacent to their home but within the City Right of Way. (Exhibit A&B) No permits were issued for the work. Upon discovery of the work City Staff issued a stop work order. Construction of a structure within the ROW requires an encroachment agreement with the City and for a minor land alteration/retaining wall permit . An encroachment of this magnitude requires Council approval. The permit can be approved at the staff level if an encroachment agreement is approved. As constructed the retaining wall is — 18 inches from the edge of pavement. The residents have requested an encroachment agreement and applied for a minor land alteration/retaining wall permit. (Exhibit C). Many of the neighbors have expressed support of the wall. (Exhibit D) 3. Considerations. Staff recommends the Council should consider the following items when providing direction on this item: • Related code. The city code does allow for retaining walls in front yards as long as they are at least 10 feet from the travelled road way'.Section 78-1405 (5.1). While this code is written for walls that are on private property the l Oft limitation could be applied to this circumstance. • Encroachments into the public right of way are normally allowed in order to overcome a practical difficulty such as a driveway approach. Best practice is to keep ROWS clear of immovable objects for safety and maintenance efforts When objects are necessary with in the ROW we try and keep them 10 ft from the travel way. For local roads and streets, a minimum clear zone of 7 to 10 feet is considered desirable on sections without curb. On collectors without curbs, a 10 foot minimum clear zone is recommended. The road is a residential cul-de-sac with low volume and low speed traffic. 4. Staff Recommendation. After consideration of the proposed project, it is my recommendation that if the Council does grant an encroachment the wall should be required to be set back a minimum of 10 feet from the edge of pavement/travel way. COUNCIL ACTION REQUESTED: Decision on Encroachment Agreement for retaining wall and if approved guidance on setback of wall from the edge of pavement. Section 78-1405 (5.1) z. AASHTO A Policy on Geometric Design of Highways and Streets