Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Right Of Way Encroachment topic
No spam. Unsubscribe anytime.
Public works approves homeowner indemnification to rebuild retaining wall that extends into right-of-way
Summary
The public-works committee approved a work-in-right-of-way request and indemnification agreement for a retaining wall replacement at 841 Sylvia Drive after staff found part of the existing wall extended into the city right-of-way; the homeowner paused work and sought committee approval.
Homewood 'The public-works committee on Aug. 4 approved a request to permit replacement of an existing retaining wall that extends into the public right-of-way at 841 Sylvia Drive, provided the homeowner executes a city indemnification agreement.
Staff said the previous wall, likely installed in the 1960s, encroached roughly 1 foot into the right-of-way. The homeowner began replacement without a permit because the new wall's height met permit-exemption criteria, but an inspector determined portions extended into the right-of-way and advised halting work. The homeowner then sought committee approval to continue with a formal indemnification agreement.
Committee members reviewed the site diagram and an older photograph of the wall and heard that neighboring property owners do not oppose continuation of the wall replacement. The committee voted to allow work in the right-of-way with required indemnification and standard conditions.
Action: motion to approve the work in the right-of-way with an indemnification agreement passed by vote (5-0). The city manager will execute the indemnification and staff will ensure final as-built documentation and required landscaping are completed.
