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8. Discussion of Right of Way Encroachment on Crestline Drx ,r REPORT TO: Mayor and City Council FROM: Jim Hansz, Director of Public Works SUBJECT: Encroachment on Crestline Drive MEETING DATE: November 15, 1999 BACKGROUND: At the last City Council meeting the issue of landscaping encroachments into the ROW on Crestline Drive was discussed and the matter was then tabled. The attached photos are provided to clarify the physical layout of the new landscaping and other existing improvements at other houses on the street. Basically, staff has investigated this, see memo dated October 5, 1999, attached, and has determined that there is no significant impact to City operations resulting from the encroachment. The landscaping is well off the traveled way and poses no hazard to traffic using the street. Staff has spoken with the neighbor, Mrs. McClarty. She indicated her primary concern to be that large rocks in the parking were a pedestrian hazard. We agreed and advised her that the owner at # 114 had been directed to remove the problem rocks. This has been remedied and the area is generally neat and tidy. The parking area is clear and is readily useable by pedestrians. She also indicated she was unhappy with the changing character of the neighborhood. Staff believes the concerns of the neighbor have been resolved and that the observations made in the October 5, 1999 response to Councilman Donahue's inquiry have addressed the matter in this instance. RECOMMENDATION: None. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by the City Council nsz, P.L. Chris A. Kukulski Director of Public Works / i Engineer City Manager Report compiled November 10, 1999 Post Office Box 1997 • Kalispell, Montana 59903-1997 Telephone (406) 758-7700 • FAX (406) 758-7758 Photo 1: Intersection of Crestline and Mission Street, approaching area in question, # 114 Crestline. Photo 2 Showing approximate alignment of landscaping, curb line and existing retaining wall at the neighboring property. Photo 3, Looking west from mid -block toward area in question. Typical amount of landscaping and front yard improvement along the street. Photo 4: Looking east on Crestline, existing landscaping on left is actually closer to road centerline than the new landscaping at # 114. MEMORANDUM October.5,1999 vN To: Chris Kukulski, City Manager From: Jim Hansz, Director of Public W ks 4 Subject: Inquiry from Councilman Donahue O kA Councilman Donahue called regarding a homeowner's landscape improvements on Charlotte and Crestline Avenues. The property fronts onto both streets. His concern is that the improvements are large enough to present a problem to the City if they are within the ROW. We have checked the boundaries and confirm the improvements are within the road ROW. We examined the neighborhood and have noted that there are many homeowners who also have encroached upon the ROW, to varying degrees, with landscaping and paving for driveways and parking. The improvements in question are, on Crestline, a rock garden with about 15"-181, of topsoil. The garden is situated behind existing parking curbs that are offset from the pavement edge to permit parallel parking in front of the home. At the rear of the property on Charlotte Ave. the lot originally sloped directly to the pavement edge. The homeowner has excavated into the slope and added an inclined rock retaining wall so that there is now space for parking off the paved surface. Mr. Amerman discussed these improvements with the owner. There is the clear understanding that the improvements are in the ROW and therefore could be removed should there become a need to use the area for public improvements. After reviewing the matter, we have concluded that the existing roadside improvements, and these new landscaped areas, do not present a problem for the City in performing any of its routine maintenance. Further, we have no plans for any neighborhood street improvement that would be complicated by the presence of these improvements. Any future improvements would, Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7700 - FAX (406) 758-7758 we believe, result from a neighborhood petition for a SID that would, necessarily, be preceded by a mutual understanding and agreement that any encroaching improvements would be removed. We also have discussed this matter with the City Attorney. He has advised that we should not selectively enforce the removal of these new landscape improvements without a reasonable cause. And, we should not require all the residents of the neighborhood to remove encroaching improvements that were either specifically or tacitly authorized in the past unless we have a similar reasonable cause, such as a plan for improving the area that requires the action. Finally, except for Councilman Donahue's inquiry, there have been no complaints to this office about these or any other encroaching improvements. Therefore, we see no need for further action on this matter at this time. Please forward this information to Councilman Donahue and to other members of the City Council as appropriate.