WHEREAS, the
public has the right to enjoy the use of their property and have continuously
expressed their concern about the design of the street improvement program which
reduced street widths and eliminated parking.
WHEREAS, it is not the intent of Counsel to discriminate
and deprive property owners in Phase 1 and Phase 2 of the street program the
opportunity to enjoy the same rights and enjoyment of having parking off the
street as currently provided in other areas of the City
WHEREAS, after
construction, numerous proposals for improvements of parking and elimination of
rutting were proposed by City Engineers in meetings with residents
WHEREAS, there
is no written record or council resolution prohibiting property owners from constructing
their own improvements in a city Right of Way
WHEREAS, the City
is not opposed to residents performing their own improvements providing such
improvements provide percolation, do not impede storm drainage, and meet written
engineering design standards
WHEREAS, a
citizen shall have the right to install a gravel parking pad or other edge
improvement in the Right of Way when such modification will not significantly
interfere with the management of storm water beyond the 10 year rainfall
standard
WHEREAS, as
Council has not in the past prohibited its residents the right to modify and install
additional off street residential parking in Right of Ways when such an
application is submitted
WHEREAS,
Council has previously not passed any laws, resolutions or policies that
prevent residents from allowing them to improve street edges and adding off
street parking in any residential Right of Way in the City
WHEREAS, the
narrowing of streets in Phase 1 and Phase 2 has creating yield condition in
residential areas and has forced vehicles to veer off the road and rut the
edges of streets.
WHEREAS, as the
public inherently wishes to protect their vehicles by parking out of traffic
lanes and property owners have the right to determine if their parked car shall
act as a traffic control device
WHEREAS, it is
recognized the streets in the Phase 1 project had unforeseen design problems
with street width and swale depth that were corrected in Phase 2.
WHEREAS, the
people can have the opportunity to apply for Right of Way modifications to
provide additional parking that follow written accepted engineering design
standards.
WHEREAS, any
denial for improvement shall be in writing and specifically state the lack of engineering
guideline for such denial.
WHEREAS, the
public has the right to appeal any denial of any application for improvement in
the Right of Way, such reconsideration shall be appealed to the Zoning Board of
Appeals
NOW
THEREFORE BE IT RESOLVED that Council shall allow residents the
right to apply for modification of street Right of Ways in the areas known as
Phase1 and Phase2 so they may improve and correct parking and rutting fronting
their property.
