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Council allows retaining wall to encroach into right-of-way at 419 Ponciana Drive with indemnification
Summary
Council approved a request allowing a retaining wall at 419 Ponciana Drive to extend into the public right-of-way, subject to conditions including no irrigation in the right-of-way and an indemnification agreement; staff confirmed a permit required engineering and that the wall will terminate near the sidewalk.
Council considered a request to permit a private retaining wall to extend a short distance into the city right-of-way in front of 419 Ponciana Drive. City staff said the request had been reviewed by building officials, that a permit existed due to wall height and that the owner must comply with conditions. "There is a permit for the wall, because of his height. It had to be engineered," staff said.
Council discussed how the encroachment occurred and emphasized that property owners and builders must follow permitting procedures. Members included the indemnification clause in the motion. The council approved the request unanimously, 5–0, and the decision was recorded as Resolution 2677. The motion specifies no irrigation will be allowed in the right-of-way and that the wall will not extend beyond the sidewalk area.
