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HomeMy WebLinkAboutAgenda Report - July 6, 1994 (58)OCIN OF LODI I I COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider the Appeal of John Donad, 1217 Edgewood Drive, Requesting to Build a Swimming Pool Deck/Pado Over a Public Utility Easement and to Enter into a Hold Harmless Agreement with the City of Lodi MEETING DATE: July 6, 1994 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council conduct the public hearing on the appeal of John Donati requesting an encroachment permit to build a swimming pool deck/patio over a public utility easement at 1217 Edgewood Drive and take the appropriate action. BACKGROUND INFORMATION: On January 28. 1994, a construction application was filed with the Building Division for a building permit to install a swimming pool and spa on property located at 1217 Edgewood Drive. The application was sent to the Public Works Department for review as required by the Lodi City Municipal Code (Chapter 15.44). The review revealed that there are existing 8 -foot and 5 -foot public utility easements (PUE's) along the south and east property lines, respectively. There are 6 -inch water mains located in both of these easements. There is also a water main valve near the southeast comer. See attached Exhibit A. The submitted plans, prepared by Cato Pools, show the pool/spa decking extending into the 8 -foot PUE approximately 3 feet. In addition, the equipment pad is located in the southeast comer of the property directly over both water mains. The encroaching pool/spa decking contains concrete flatwork as well as an elevated brick deck with brick steps at both ends. Standard 4 -inch concrete decking is allowed over City PUE's. Public Works comments regarding the proposed construction were issued March 4, 1994, and are attached. The purpose of the PUE's is to ensure that City workers have reasonable access to repair and maintain public facilities. In keeping with Public Works policy, it was requested that the equipment pad and all plumbing be relocated outside the PUE's. Due to the nature of the brick deck construction, it was also requested that the pooVspa decking be located outside the PUE's. The water main in the south easement serves adjacent properties. This main is at a depth of approximately 3% feet. The presence of a raised brick deck so dose to the water main will create difficulties for City workers if trenching is required to effect repairs, maintenance or upgrading of existing facilities. It may not be possible to access the water main without damaging or removing portions of the deck. The property owner was, therefore, advised that the encroachment permit could not be issued. APPROVED. 4;`J THOMAS A. PETERSON 'QC tea, City Manager 1217EDGE.00C S7" Public Hearing to Consider the AMW of John Donati,1217 Edgewood Tie, Requesting to Build a Swimming Pool Deck/Patio Over a Public Utility Easement and to Enter into a Hold Harmless Agreement with the City of nodi July 6, IM Page 2 The Public Works Department's position is that anything more substantial than a standard 44nch concrete deck should not be allowed over a City PUE. Therefore, It is recommended that the request for an encroachment permit be denied. If, however, the City Council wants to allow the elevated brick decking and stairs, the Council should direct staff to issue the encroachment permit and require the execution of a 'hold harmless• agreement which will be recorded at the owner's expense. It is understood that the owner is going to relocate the equipment pad and an related plumbing outside the PUE's. FUNDING: Not applicable. Prepared by Sharon A Welch, Associate Civil Engineer JLR/SAWAm Attachments cc: City Attorney Building Division Associate Civic Engineer Mr. and Mrs. John Donau 1217EDOE.DM Collw ORKS DEPW ENT, EXH�gti A_ 1217 Edgewood Drive CITY COUNCIL JACK A. SIECLOCK. flavor STEPHEN i. MANN Mayor Pro Tempore RAY C. DAVENPORT PHILLIP A. PENNINO JOHN R. (Randy) SNIDER Mr. and Mrs. John Donati 1217 Edgewood Dove Lodi, California 95240 CITY OF. LODI CITY HALL. 221 WEST PINE STREET P O. BOX 3006 LODI. CALIFORNIA 95231.1910 (209) 334-5634 FAX (.`M 11I-bMS March 4. 1994 SUBJECT: Construction Application *7084 1217 Edgewood Drive, Lodi, California THOMAS A. PETERSON Ckv Manager JENNIFER M PERRIN Gty Clerk BOH MCNATT City AltOtfley Your constnxxion application for the construction tion of a swimming pool has been reviewed by the Public Works Department for conformance with City off-site improvement and dedication requirements. This review is required by the Lodi City Municipal Code (Chapter 15.44) when the valuation of the proposed work exceeds W5.000. The requirements aro described on the attached sheet which has been forwarded to the Building Division for inclusion in your permit. The CONSTRUCTION REQUIREMENTS and FEES sections will be handled by the Building Division in con}unWon with the issuance of your Building PermIL As stated In the memorandum, the pool equipment pad and all plumbing need to be located outside the existing Public Utility Easements (P.U.E.$) along the south and east property lines due to the presence of public water mains in these easements,. On the advise of the City Attorney, the pool decking and steps which encroach into the 8-fcot P.U.E. a" the rear property line also cannot be allowed without specific approval of the City Council. It you wish to appeal to the Council for approval, please contact the City Clerk at (209) 333-8702 for Information regarding placing this item on a future Council agenda. If the encroachment is approved by the Council, a 'Hold Harmless' agreement needs to be executed by all the owners and recorded in the County Recorders office. The owners will be responsible for the recording fees. The purpose of the agreement is to set forth the owners responsibilities regarding mairtenance and removal of the enaoaching structures and to hold the City harmless from any damage that may occur to the structures due to the use of the easement for installation, repair or maintenance of public facilities within the easement. If approved by Council, the agreement will be prepared without charge by City staff. The decking encroachment issue needs to be settled prior to the issuance of Your building permit. Please contact me at 333-8800 ext. 859 if you have any questions. Sharon A. Welch Associate Civil Engineer oa eui *q OM&tn City Adorn" Cpl Clwk Caro Poole MEMORANDUM. City of Lodi. Public Worb Depattnent TO: Chief Building Official FROM: Associate Civil Engineer - Development Services DATE. Manch 4, 19U SUBJECT: Construction Application RM 1217 Edgewood Drive. LOCO, California CONSTRUCTION REQUIREMENTS: C Please add the following construction rsM* n w is to the Plans and the Building Pa. for the subject Project: • Install a cleanout cmftmning to Standard Plan 201 on the sewer serAm • The equipment pad and all plumbing need to be basad outside the 8' and S' Public Utility Easements IP.U.E.si along the south and east property lines, respectively. Then an public water mains in both of these essements. • The pool decking and steps externding approximately 3' into the 8' P.U.E. along the south property One also need to be moved outside the easement due to the presence of the underground facilities. The owners may appeal this item to the City Council. See Additional Items Section below. The encroachments need to be eliminated or appealed to and approved by the City Council pric., to the issuance of a building permit. FEES: Please collect the following Public Works fees at the time of issuance of the Building Permit • Water Service Charges for work by City: Stf25.00 for water servic3 upgrade ($500) and installation of Y inch water meter (;125). ENCROACHMENT PERMIT: The following work requires an encroachment permit from the Public Works Department: . See Additional Items Section below. ADDITIONAL ITEMS: The following additional items are required of the projed and will be handled by the Public Works Dept.: • The Public Works Department cannot issue an Encroachment Permit for the pool decking and steps without specific approval by the City Council and execution of a "Hold Harmless' agreement signed by the owners. The Agreement wilt have to be recorded and the owners will be responsible for payment of the recording fees. This issue needs to be resolved prior to the issuance of a building permit. Please notify the Development Services Section when the fees are paid. Thank you. Sharon A. Welch Associate Civil Engineer cc: City Atmrny Cry Cwk AAI.& Mrs. John Donatl Cato Pools CITY OF DI NOTICE PUBLIC HEARING Carnegie Forum Date: July 6, 1994 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please comic. Jennifer M. Perrin City Clerk Telephone: (209) 333-0702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, July 8. 1994 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing to consider the following matter. aj Appeal from John Donati, 1217 Edgewood Drive, requesting to build a swimming pool deck/patio over a Public Utility Easement and to enter into a Hold Harmless Agreement with the City of Lodi. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subod matter in court, you may be limited to raising only those Issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order of the Lodi City Council: it��• `7-Q.eu�r—� Merrin City Cleric Dabd: June 15. 1994 to � Bobby W. McNatt City Attorney J.WATYCLPoQF0RMS%N01WXM000 W1194 DECLARATION OF MARLING On June 16, 1996 in the City of Lodi, San Joaquin County, California, Z deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "S" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 16, 1996, at Lodi, California. Jennifer M. Perrin City Clerk DBC#01/TXTA.FRM .....,_..... �.r.,...x...x�»x.�,;�.aa..rdrc..._,..a-s�aauex+-ar:r+rafr.--«c[;a',•'�i2::, my of LoDI 221 WM PIM STREET LODI, CAWFORNIA 95240 SUBJECT: Set Public Hearing for July 6, 1994 regarding appeal from John Donati, 1217 Edgevood Drive, requesting to build a swimming pool deck/patio over a Public Utility Easement and to enter into a Hold Harmless Agreement with the City of Lodi PUBLISH DATE: SATURDAY, JUNE 18, 1994 TEAR SHEETS WAFTED: ONE AFFIDAVIT AND BILL TO: JENNIFER M. PERRIN, CITY CLERK DATED: JUNG 16, 1994 ORDERED BY: J NE H SON DE ITY ADVINS/TXTA.02J .'>rr�*�r� YS' r L AS 4 •, <ast{i v Ott %. '{ y a h�,�,t _ t S' . ti J • �r 5� _ ar '°I i ka irt!�re wt i' . Z . FM . ,✓�y��,�t S= t�"`� r! ,• t t' ; ��,� y!'�"�•nY �;j� }„�jjLy�"f�''��t., 4j t , der ga,�cv a¢ x .i .at•rte �... t ,.. ���-'� � '. � _ _ -5+ - �, tit ���1 �+F. ,ia� � s%ii:r ,w 76` 31 a*'• .tKJ'e +�-xis I ,�c r� f�fi� � { } � t, ;i 4} %'': yh: �.<w � t^'.ltc ,r f€ y, - iJ W�'a'S ..• t >t 7��, a�. T > �'A'� RhtN' . i .. w kyr! � /� • � r rS. t'' r4 t' 4 'fix �, '. t' �•�. '�” ". CIEo 0. ` t J Yem.. ld:1kI :1ITzI +-1--kI=I-Idd=1=1.1=1 J-kI =1,.1:1, z 1 t i I41Q i j 41 IIQ IL 14 u 1 Z ) cn h H 4_Vi vt v 4� t a 4 (, Qj c Cil v IV 71 11 1 zz ` ' � ( t i 1 1 1 t ' t r t t ! 1 i ,� r c � `� � �• 'r. `'I �, J ' �' � � r R� • r P.� "�'•'.� � �'.„+�` ' ewa.� ,::;nen . �. 1 f ;.r, ! • • '.'A.i.{ F-.�,•��A.1.�2'::. t.: •'•.^cYA'..•'!l.:k!. r Mi .-.v«a......-. - n .. v,.r 61TY COUNCIL )ACK A. SIECLOCK. Mayor STEPHEN J. MANN Mayor Pro Tempore RAY C. DAVENPORT PHILLIP A. PENNINO JOHN R. (Randy) SNIDER Mr. John Donati 1217 Edgewood Drive Lodi, CA 95240 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI. CALIFORNIA 95241.1910 (2M) 334-S614 FAX (M 13t -s 4S June 30, 1994 THOMAS A. PETERSON Cav Ma"Wr JENNIFER M PERRIN Cnv Clad NOR AkNATT City A"Onw% SUBJECT: Public Hearing to Consider the Appeal of John Donati, 1217 Edgewood Drive, Requesting to Build a Swimming Pool Dock/Patio Over a Public Utility Easement and to Enter into a Hold Harmless Agreement with the City of Lodi Enclosed is a copy of background information on an item that is on the City Council agenda of Wednesday, July 6, 1994, at 7 p.m. The meeting will be held in the City Council Chamber, Carnegie Forum, 305 West Pine Street The Council will conduct a public hearing on this item. You are welcome to attend and speak at the appropriate time. If you wish to write to the City Council, please address your letter to City Council. City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk If you have any questions about communicating with the Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Sharon Welch. Associate Civil Engineer, at (209) 333-6706. (1a L. Ronsko LIU Works Director JLR/Im Enclosure cc: City Clerk N1217EDGZM