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HomeMy WebLinkAbout08/21/1990, 6 - REQUEST OF MARTHA REED THAT HER PROPERTY AT 1205 ELLA STREET BE EXEMPTED FROM INSTALLING CURB, GUTT t MB:TM DATE: city of Sa►n LUIS OBISpo Aug. 1. 1990 MaNe COUNCIL AGENDA REPORT FROM: SMA David F. Romero, Public Works Director SUBJECT: Request of Martha Reed that her property at 1205 Ella Street be exempted from installing curb, gutter & sidewalk under provisions of the 1911 Act. RECO31MENDATION: After reviewing testimony, by motion take action Council feels is appropriate. BACKGROUND: On March 20, 1990 the City Council held a protest hearing regarding installation of curb, gutter & sidewalk for 64 properties at various locations throughout the community. As a result of the testimony, 22 properties were exempted. All 6 properties on the South side of Ella between Osos and Binns Court were considered for installation, representing 33% of the frontage of this long block. The Council exempted one property (1013 Ella) near Osos Street, but did not exempt two very difficult installations at 1205 and 1215 Ella Street. Ms. Reed protested the installation, both in writing and in person at the meeting. Staff concurred with Ms. Reed's protest and recommended that the sidewalk not be installed at this time because of the major expense and problems in making the improvements. At the time of the hearing, the cost estimate for standard curb, gutter, sidewalk and retaining wall at 1205 Ella was estimated at $7,420. In addition, an unknown amount (at that time) would be required to regrade and pave the driveway access up to the house. DISCUSSION: It is standard practice for the city to assist property owners with the design of difficult installations mandated under the 1911 Act. Staff has expended considerable time and effort in studying various alternatives to provide driveway access to the Reed property, finally presenting Ms. Reed with three alternative designs and cost estimates to resolve this very difficult problem. Two of the solutions imply exceptions to setback requirements, which may or may not be granted by the City. Ms. Reed's letter of 7/18/90 is essentially correct regarding financial and development implications of each of the alternatives. Staff is prepared to discuss these at the meeting if the Council so desires. We `- believe the cost estimates are relatively close at this point. Depending on the alternative chosen, total costs range between $11,200 and $26,000. a► � city of san ,6ais OBlspo COUNCIL AGENDA REPORT 1205 Ella - Sidewalk Exemption Meeting of August 21, 1990 Page Two. If the Council takes no action or denies Ms. Reed's appeal, Ms. Reed may proceed with the work. If she does not, City staff will prepare plans and specifications without cost to the property owner, and will have the work done within the next year. A bill for the project would then be presented to the property owner, and if not paid would be heard at a protest hearing. Eventually the cost could become a lein against the property, subject to collection and penalties specified with collection of taxes. If Council determines to uphold Ms. Reed's appeal, it might be desirable to eliminate parking in front of this address, thus allowing pedestrian access along the street without the danger of pedestrians having to walk in the traffic lane. RECOMMENDATION: The original staff recommendation was to delay this improvement until future development of the property. In view of Council action of March 208 1990, staff has no recommendation at this time. Attachments: 1 - Map 2 - Original Reed protest - March 5, 1990 3 - Current Reed protest - July 18, 1990 4 - Engineering estimates for alternatives dfr22/reed-2 by deo - v O `' � � -•at°tl R • NS $ Pi =pOH k cT 1pai - -. m O � Oi �A -.40- ao tea : N 4�0 o "' d g OC7� A Y n •' lit , T V60'cn a/1 — 161 CD 001 p �, _,t'�M,c,•, '^"+�i . ..:.u,:,r•..;'ni.•bCtkxrsi�:r��Apgoe.fikio�+ 1 � fit to f. qD • V :. ti :f a • . • .� . Zfar �1 A W t... O G� 4F aIN ,.:'- $ o P.O.Box 1430 W1- 51M,01- 5190 � Paso Robles, CA 93449 Mardi& i990 David Romero,Director Depart>zhent of Public Works Qty of San Luis Obispo 953 Morro St. San Luis Obispo, CA 93401 Dear 16.Romero: As you svg®ested, I am mnBrnft In writing my response to your notice to construct a curb, gutter and sidewalk along the front of my property at 1Zo5 Ella St., Son Luis Obispo, in ardor that thheth a 9 of the Qty Couadl nay review this letter before.their meeting an March =p, 1990. I also plan to attend that meeting. I find it is difficult to respond Conclusively. Considering the slope of the W4 and the encroachment of thatslope onto the logical area for location of a sidewalk, I Cannot see that earth removal, retaining waft and engineer- Ing of a driveway, Curb, gutter and sidewalk Could be c r *meted for the City's ate of$59= I will address my Concerns primarily to the practicality and timing. At this point, the driveway, such as It Is, appears to be the abandoned section of Ruth Street which was added to the property before I purchased it. It is very steep, and would be made even staeper by the cut required to properly locate the sidewalk. The front yard Is level, apprmdimatdy iz- IS feet above the streeL If the driveway were installed perpendicular to the street, with a slope which would Conform to realistic use regtduwhheats, it would extend b& yond the front yard, into an even steeper section of the hillside. If it were put in at an angle, it would remove hhhost of the front yard A garage,and off-street parking need to be built Into the hillside. The way the area is developing, further Improvement of this property seems likely. Ideally, I believe that the curb, gutter and sidewalk should be called for at the time a building permit Is obtained, either for adding a garage, or for its inclusion as part of a more extensive remodeling. At that point, It Is Coshoeiv that the driveway might be better located somewhere else along the so foot width of the lot, which would negate ezdh of the work doney If it Is required at this tune. rtvr 7 I-X-v,sev-r1 a-f c 10�of You suggested getting together with neighbors, and said that you had given my telephone number to the people who own the property n=9 door. W. Thompson has called me, and I sen sending him a copy of this letter. Now- ever, other than the slope of the In opaty, our situations ween to be quite different,and I must confess to being puzzled as to how our alliance would be of benefit As to the rest of the neighbors on the street, I see even less similarity. What you are doing will add value, and seems to me fair. If I were dealing with a mare conventionally configured prapertK It Is unlikely that you would be hearing from me at all. In conclusion, I would like to restate`for the benefit of the City Council,aey concern with your notification process. I understand that it is legal, but I think It Is inv=1ant to note effectiveness,as well as legality. W property was posted on February 13UL As of this date,that Is the only notice that � I have readved. You have records available to you that show my nulling address, that I own more Ulan one property in San Luis Obispo,and that I do not live in this ane. Fortunately, I have conscientious tenants, who called me immediately; and mailed me the notice at their awe They were quite upset•it does not seen to ate an Issue that they should be Involved In. A few days after the postin& we had a fairly serious and windy rainstor=6 Had my tenants been away; or had they been less concerned, it Is unlikely that I would have received notification at all. Since there are serious penalties for non respoe.4e, I think It is Iasportantto consider utMzing a more effective means of delivery. If there are any questions, please contact no at the address shown above, or, by telephone, (805)237.0156. Sincerciy yon, i Martha Reed cc:Mr. &Mrs. W. Thomson, 2290 Helena, San Luis Obispo, CA 934oi llotfC.e MailPcf t0 266S" F/era/ i°er 2SSrssoYJ reccfcl — Ato �cspc tS er �t� rutvt Seceq-1 .iorce M 01fe w To too­ Qo x 14f s o _ Paso iPob(rs C` s fs„Fa vs I-ece yr.' PA.BOR W54 n p Sea LmIcObispa,GA 934068, II July 11990. , a ►iso CITY COUNCILICity of San Luis Obispo EOFsarj wisosisP0 MayorRonDumin 4Rssiurni Re:1209 EMa St. San Luis Ob ispolSidewalk Act of 19U Several months ago, on March 20, 1990, you voted to enforce the provisions of the Sidewalk Act of DU on the above-mentioned property. At that time, the City Public Works Director, Mr. David Romero, strongly recommended against enforcement because of the expense and difficulty of adding the off site improvements necessitated by the steep slope of the lot, and the need for extensive earth removal and retention to re-create on-site parking. We requested that the improvements be required when the property is rebuilt or remodeled, so that the significant expense and substantial. alteration of the site might come in the context of a larger plan. At the time of your vote,there was no estimate of the total cost of the project,or even a definition of what would be required, beyond curbs,gutters and sidewauks. I would like to review for you subsequent developments, and explain my current dilemma. A day or two after the City Council meeting, I met with Mr. Romero to try to clarify the impact of you: decision. He said not to worry, that completion sof this project by the City might not come for two years or more. 1 did not find that par- ticularly reassuring, since I had intended to sell the property sometime in 1991. t significant, required, pending, but unknown expense could not help but affect its value and saleability. With these considerations, I first asked Mr.Romero if it would be po srab le to advau" to a higher priority in his timing, so that the work could be completed, rather than left pending. He agreed, and I signed the required papers for a permit. At that time, there was no estimate of on-site Costs. About three weeks ago, I was able to obtain rough site plans, outlining two solutions to the off-street parking. At that time, Mr. Romero said the City probably could not complete the work for at least a year, possibly longer. More recently,he gave me cost estimates(copies enclo sed),and one additional plan. Alternative #1 appears to be the only one with enough aesthetic and functional value that it might not be tora out in a subsequent renovation of the property. The parking area goes straight into the hillside,at right angles to the street. According to the City engineering plan, its current cost reflects only a 30 foot total depth,whichwould only allow a non-conforming ten foot setback if it were to become a garage. If the parking area is not completed as a garage, the property will acquire a significant, cliff at the retaining wall,which will used to be fenced, at an additional cost. This has not been included in the estimate of costs,which at this point totals$26,000. Alternative Q creates a steep driveway,which,in conjunction with grading,will elim- inate almost dw entire front yard. Its cost, at $I9,000,is not significantly less than the cost of Alternative el. to"lo In an effort to reach a no re economical solution,1dr.Romero put together Alternative A,Which angles the driveway slightly,and creates a fairly steep parking area,rattier �_.Xhan a level one, as did the two previous solations. In order to avoid the we of retaining walls, a large portion of the front yard would become unusable,graded to a 2d slope. Mr. Romero agreed that the newly graded areas would regaim some form of earth retention, poseiblsy in the form of fairly extensive landscaping,which would seem to be counterproductive.considering the water shortage at this time. Also,his estimate of costs for this alternative does not include the figure for Item 9 -Remove and replant tree$' shown in the other estimates. There is a large, existing tree on site, which could not be retained in any of these solations. If$750 is added in, plus the 10%contingency, this project comes in at over $12,000, not including the cast of hndscaping M.Romero said that-this is the most difficult situation that he has ever enc mitered, in his malty years of overseeing enforcement of this ordinance. He will be a resource to the Council in can of further questions. He maintains his previous position, that these improvements should be required in conjunction with a plan for remodeling or rebuilding the improvements. He has given me a list of properties, recently included in, and exempted from your requirements, enclosed herewith. No estimate on this list, whether the sidewalk improvements were required or exempted, even approaches the estintated*cost of sidewalks and required related improvements to my property. I appeal to you to reconsider your decision on 1205 Ella Street. I do not feel that the Sidewalk Act of 19U was intended to create this kind of financial hardship. Even with the most expensive solution,it seemsunlikely that the property would be improved so significantly that I would regain in its sale what I have spent. Some opinions have indicated that this work might actually be detrimental to its value, because of the limitations that it would place on future options. If you drive by, you will see that the sidewalks are in directly across from 1205 Ella, and also adjacent to it, so that, even now, a pedestrian is not confronted with the alternative of walking in the street., a concern at the time of the council's decision. Many of the problems inherent in installation of the on-site improvements now would be resolved if it were done is the larger context of a plan for the entire property. My properties are my primary job, and my retirement. They have given me the ability to earn a living while stilt being at home with my children. fifty daughter has just graduated from college. I had intended to sell the Ella Street property within the year in order to utilize its appreciation to meet m9 living expenses, and my contribution to my son for college. I feel absolutely trapped by your decision, and frightened of its financial consequences. I would appreciate your help. Sincerely y oars, Martha Reed cc: Couacilpersons Penny Rappa, Peg Pinard,hill Roalman &Jerry Reiss David Romero,Director of Public Works Encls.9 6_ ^a:• i _ . ,TEM.'. �� __ -'��•'.-4'- -,�_�.e..r-�- 'fit !y'1.1:T ) 1 .� .4 � ' �3, ��v�V.4•l:aQ.airiP-'.�; . _ .. . �- .. - lie 300 � z: 3 0.0 8. �'Loc4T� r►fRr�o�Z, LS - - Soo �� /O• ass-W,06 7M42 G (•G�tJn27EZ�� y+� P46,1 Q70 AL 6�ao�n/� aNLy . - ..._.. ..;Gar' r1• ; -: Ld'Y/T .rtb✓QNrn3/ VIViT l;7�ZZG CVA:Jz ',� •. '_.. .'AI`s.. ! AY cy a .�. 44 • 7. �RrE zoic aeac G S GS .. ... /D• �/�'iNL g2' ?�S G 5 �. move SUBT�T.4L � /?3�S Cl,Ll�ri�G�/vCy �` � 73G �vr�• ( �� � /9 000 i � 6-q ;N, Al.? M.N�MAG.G�C�N6 GAT tM Lam/? 6vgrNT7Ty v MWc .... - .(o 30 , /too. 3 � r.�vcrvgY �amP • t f Z 6, Gs S. = ZOCCrj r►4�r�as.a er�rt. Sao ` rr.. 74�,r✓�i �v�xcay sf 3 b a 7 Z,,B TIJ7 MEETING (I DATE C � A( NDA jjrB4 t � O s C...) ❑ FLN.U ti l I: l-rorNLY IPPV.'DLR. �'•O (_ JafILDIR ROi. BOX 10S4 Sen LUIS Obispo, CA 934ft August 20p 19" City COtmdl City Of San LUIS Obispo San Luis Obispo,CA Ree 120S Ela SUwVRegaest for amnpton fram installing curb, gutter and sidewalk under the Sidewalk Act of 1911 BOnorable Mayor and Members of the Clay Council :)nderstsand that my appeal will appear on the agenda of the next City Council hhheetng, tamorrawq August;n i990. Due to unavoidable scheduling=xAictc, it will be very difficult for me to be there. I would appreciate your assistance in rmsMedulln.It to the next avail- able date. Thank you for your consideratan. Sthh wdy yours, %Aj YX 74 Martha Reed 0 RECEIVE® AU 14;m l 0 1 ae1u�.i uR n , �,m io, a0 cam_