8. Discussion of Right of Way Encroachment on Crestline Drx
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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
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To: Chris Kukulski, City Manager
From: Jim Hansz, Director of Public W ks
4
Subject: Inquiry from Councilman Donahue
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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.