HomeMy WebLinkAbout7/28/1999 - STAFF REPORTS (17) DATE: July 28, 1999
TO: City Council
FROM: Director of Planning and Zoning
SUBJECT: ENCROACHMENT LICENSE TERMINATION - ROBERT BUTIN, 383
INDIAN CANYON DRIVE NORTH, A3251
RECOMMENDATION:
That the City Council approve the attached resolution approving the
Termination of an Encroachment License that had allowed a portion of
the existing remodeled building and the construction of landscaped
planters, a screen wall and a seven-foot six-inch building overhang
within the City' s right-of-way, located at 383 Indian Canyon Drive
North.
BACKGROUND:
The applicant, Robert Butin, is seeking approval from the City
Council of the Termination of an Encroachment License that had
allowed a portion of the existing remodeled building and the
construction of landscape planters, a screen wall and a seven-foot
six-inch building overhang in the right-of-way.
Staff has determined that the remodel did not trigger dedication of
additional right-of-way and that a portion of the building, the
screen wall and building overhang are not in the City' s right-of-way;
therefore the encroachment license is not necessary. The portion of
the planters that encroach in the right-of-way will be covered under
the standard Encroachment Agreement form.
The granting of the Termination of the Encroachment License will
permit the Licensee to unencumber his property.
Directo of Planning and Building
�i City Manager
J Attachments :
1 . Resolutior .
l��
RESOLUTION NO. 19628
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A REQUEST FOR
THE TERMINATION OF AN ENCROACHMENT LICENSE BY
ROBERT BUTIN THAT ALLOWED THE CONSTRUCTION OF
CERTAIN IMPROVEMENTS IN THE CITY' S RIGHT-OF-WAY
LOCATED AT 383 INDIAN CANYON DRIVE NORTH, C-B-D
ZONE, SECTION 15, T 4 S, R 4 E.
WHEREAS, Robert Butin, ("the applicant") has filed a request for the
Termination of an Encroachment License that had permitted a portion
of the existing remodeled building and the construction of landscape
planters, a screen wall and a seven-foot six-inch building overhang
within the City' s right-of-way; and
WHEREAS, on July 21, 1993 , a hearing on the Encroachment License
request was held by the City Council in accordance with applicable
law; the City Council was in agreement that the City of Palm Springs
should grant an Encroachment License to the Licensee in accordance
with Chapter 14 . 16 of the City of Palm Springs Municipal Code on the
condition that such encroachment is executed by the licensee; and
WHEREAS, staff, in response to a request by Robert Butin, researched
the encroaching items relative to the public right-of-way and found
that the landscape planters are the only items encroaching in said
right-of-way and can be covered under the standard Encroachment
Agreement form; and
WHEREAS, Robert Butin has signed the Encroachment Agreement for the
landscape planters in the public right-of-way.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Palm Springs, California, does hereby approve the Termination of the
Encroachment License in the form on file in the office of the City
Clerk on the above referenced improvements.
ADOPTED THIS 28th day of July 1999 .
AYES : Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst
NOES : None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED & APPROVED AS TO FORM:
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PBnETEq _JY
7155994
1
\' Robert Butin
383 N. Indian Canyon Dr.
Palm Springs, -k;; 92262
BUTI383 922629039 iN 18 08/30/99
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