PC 10/10/84 - Laserfiche WebLink

Chairman Doherty asked about that portion of the wall which is on public property. Mr. Warnick explained that a portion of the wall extends into the public right-of-way to the curb. He indicated that to leave a portion of the wall in the public right-of-way creates a liability problem for the City. It is his intention to deny the encroachment permit and the applicant can then appeal this decision to the City Council. Mr. Swift confirmed that to leave a portion of the wall in the public right-of-way would be to put the City at risk. The public hearing was opened. Mr. Howe, 645 Abbie Street, presented photographs of his home and wall. They moved in January. They asked the developer to reorient the home and when this was done lights from vehicles came right into his window. Another problem they have is that people believe there is a thoroughfare roadway next to his home so they enter the area going 25mph. This creates a problem also for his neighbors and the wall helps reduce this problem. When they built the wall they tried to make it both useful and aesthetically pleasing. He does not believe that it is offensive to the neighborhood. He urged the Commission to deny their appeal. He expressed willingness to sign a hold harmless agreement or provide whatever necessary to relieve the City of liability. Commissioner Innes then asked Mr. Swift the effect a hold harmless agreement would have on the City and asked whether or not it would remove the City from any liability. Mr. Swift indicated that the problem arises when there is a lawsuit involving a third party and the unknown factor as to how solvent the property owner is. Commissioner Getty felt many problems in the area are due to people in the Pleasanton Heights area getting involved in situations not involving them. She felt the wall is aesthetically pleasing. She, however, did not want to jeopardize the property owner or the City. Commissioner Wilson asked the applicant about removing the wall or a portion of it. Mr. Howe said he was advised to do everything possible to have the wall retained inasmuch as it is overbuilt and it would be difficult to remove. In addition it was extremely expensive to construct. George McGary, 668 Abbie Street, lives directly across the street from the property and supports the wall. He felt it to be aesthetically appealing as he looks at it every day. Bill Herlihy, 816 Abbie Street, President of Pleasanton Heights Homeowners Association, sympathized with the attempts to solve a problem but was concerned with rules and regulations being violated. He felt the City was being put in an untenable situation of allowing a person to build into a City easement area. Cork Harbour has done the same thing. He felt everyone should be governed by the same rules. - 9 - _. __ _ _ _~