TO:
Honorable Mayor Powell and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Richard Thompson, Community Development Director
Laurie Jester, Planning Manager
Jason Masters, Assistant Planner
SUBJECT:Title
Consideration of the Parking and Public Improvement Commission's recommendation to uphold an Encroachment Permit Appeal and allow a private water fountain feature in the public Right-of-Way to remain - 130 41st Street (Community Development Director Thompson).
DENY APPEAL
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Recommended Action
RECOMMENDATION:
Overturn the Parking and Public Improvement Commission's recommendation to approve the Encroachment Permit Appeal for a water feature in the public Right-of-Way, denying the application.
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FISCAL IMPLICATIONS:
There are no direct fiscal implications resulting from this action.
BACKGROUND:
On September 25, 2014 the Parking and Public Improvement Commission (PPIC) held a noticed public meeting and recommended that the City Council approve the encroachment appeal to allow a non-conforming water fountain feature constructed without permits in the public Right-of-Way to remain at 130 41st Street.
A building permit was issued for an interior remodel on the subject property on August 9, 2012, without any proposed exterior or encroachment work. After construction, the applicant altered the existing older legal non-conforming planter/retaining wall creating a water fountain feature in the private property portion of the front yard which also extended into the public right-of-way adjacent to the drive-street. Private water features are not permitted on public property. Subsequently, Code Enforcement contacted the applicant regarding filing an encroachment permit application to request approval for, or remove, the improvements. As the improvements are not permitted by the Manhattan Beach Municipal Code (MBMC), they cannot be approved by staff...
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