HomeMy WebLinkAbout1990-11-13 - AGENDA REPORTS - ADDENDUM ITEM 1 COUNCIL (3)0
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' AGENDA REPORT
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City Manager Approval
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Item to be present d by:
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PUBLIC HEARING Lynn M..Hazris ut.t,L
DATE: November 13, 1990
SUBJECT: Addendum to Item it on Council Agenda
DEPARTMENT: Community Development
Recent discussions with Mr. and Mrs. Toyama at City Hall have led to a
possible solution which may allow the applicants to reasonably develop their
property while retaining an opportunity for the City to widen.Sand Canyon Road
in the future.
The Toyamas have been pursuing a plan which encroached 32' into the projected
100' right-of-way. By designing a 6' high retaining wall on the back of their
parcel of land, they have adjusted the footprint of the house to encroach a
maximum of 12' into the 100' right-of-way.
The new design would allow the existing right-of-way (40') to be expanded to a
68' width. This width would permit the present two-lane roadway to be
improved to four lanes, and also allow a 5' buffer zone and a 15' equestrian
trail. All these possible improvements could take place on the westerly side
of the street, on the Toyama property. The Toyamas have agreed to make an
irrevocable offer of the necessary land to accommodate these potential
improvements. This offer would encompass an approximately 30' depth of land
for the 700' ± frontage of the Toyamas! present parcel, all in addition to the
present 40' right-of-way existing at this location for Sand Canyon Road.
In the event the City would eventually make the improvements as suggested
above, the proposed house would set a minimum of 20' from the equestrian
trail. Several healthy heritage oak trees would have to be removed in order
to accomplish this widening, and staff is not making any recommendation at
this time that the widening should take place. The Parks Director is also not
recommending any action be taken on the placement of the trail. The -
irrevocable offer simply guarantees availability of the right-of-way when and
if the City wishes to make the improvements.
The advantages of approving this latest design include the irrevocable offer
of land, the elimination of any future obligation to condemn the right-of-way,
and the elimination of other possible litigation involving the City which
would relate to whether the City has rendered the property of no value by
denying the building permit.
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The mapped alignment of the 100' right-of-way on the highway plan is
conceptual in nature, veers from the present driven roadway, runs in the creek
bed, and anticipates six lanes of travel plus curb, gutter and sidewalks on
both sides of the street. It also anticipates that the centerline would be
almost exactly through the trunks of the nine large oak trees at the southerly
end of the Toyama property.
The City Council is the appropriate body to evaluate this compromise since it
is a policy decision to either retain the existing 100' right-of-way on Sand
Canyon Road or to allow -an encroachment as described, thereby reducing the
available right-of-way for the 700' frontage of this property to 681.
The revised proposal appears to allow for a more realistic approach toward the
potential widening of Sand Canyon Road, allows for a trail, and anticipates
all these possible improvements being on the Toyamas' property and therefore
not impacting the house across the street. Therefore, staff recommends
approval of the variance case based on the new layout. If the Council
concurs, it is reasonable to allow the 12' encroachment as described.