ATTACHMENT 4
SAN
City of San Clemente
CALFORTIP NOTICE OF APPEAL
CITY OF SAN CLEMENTE
Appellant's Name: Sharon and John Conley
Appellant's Address: 4055 Via Manzana, San Clemente, CA 92673 Appellant's Phone Number: 949.500-4339
Decision Being Appealed: City Revocation of Encroachment Permit, E22.0112 Decision Made By: Z. Ponsen, Affirmed by K. Koger, DPW
Date of Decision: Ponsen 11/15/22, Koger 11/26/22
State basis for the appeal. (Note: only grounds for appeal noted here will be permitted to be raised before the appellate body. Failure to state gr for appeal will waive the Appellant's ability to raise that issue at the appellate hearing.) On 5/17/22, we were issued a city Administrative Encroachment Permit, E22-0112, to maintain the City right-of-way adjacent to our home of 30 years on Via Manzana in SC. The permit was re- affirmed by K. Koger, DPW, on 10/l/22. (We had been maintaining that ROW for 30 years.) However, without warning or consultation, Asst. City Engineer Z. Ponsen emailed us on 11/15/22, that the encroachment permit was now revoked and all of our improvements had to be removed in 3 weeks, or the City would remove them and bill us for its costs. DPW Koger affirmed Mr. Ponsen's decision on 11/26/22.
Why? Allegedly because of improvements planned by the Irion's, our neighbors next door, (who live in SJC, not SC). They claimed they needed a 3 foot wide walkway across the San Clemente right of way to access their future pergola. This is not true, as we will show; they can just walk across their own land. Even if a walkway were needed, it is senseless to have us rip out 40' of right of way just to install a 3 foot wide sidewalk.
The Department of Public Works' decisions in this matter are not based on the facts and have created an injustice to the Conley's.
manly pry
261/062266-0001
347729.01 al1/26/02
CITY'S REVOCATION OF
ENCROACHMENT PERMIT
NORTH END OF VIA MANZANA, SC
SHARON & JOHN CONLEY
December 20, 2022
THE CITY'S RIGHT-OF-WAY AS NOW
MAINTAINED BY THE CONLEY'S
(to left of redwood fence)
CUL DE SAC, NORTH END, VIA MANZANA
27001
spistrano 27001
4055
San Clemente
2700
4053
VIA
SITE WHEN CONLEY'S MOVED IN, OCT. 1992
RIGHT OF WAY BEFORE 1/4/22
CITY'S ACTION 12/21 TO PRESENT
On 12/9/21, City gave informal permission to the
Irion's to maintain the ROW, no permit issued
On 1/4/22, Irion's reduced whole area to bare earth
N
POST 1/4/22, BACK TO BARE EARTH
BUT ON 5/17/22 THE CITY ISSUED THE CONLEY'S AN
OFFICIAL ADMINISTRATIVE ENCROACHMENT PERMIT
reaffirmed by DPW Kiel Koger on 10/11/22:
"your permit is still intact" [email]
PERMIT NO. E22-0112
SAN CLEA City of San Clemente Engineering Division DATE ISSUED:
910 CALLE NEGOCIO, SUITE 100, SAN CLEMENTE, CA 92673
Phone: (949) 361-6119
E-mail: [email protected]
CALIFORNI
ADMINISTRATIVE ENCROACHMENT PERMIT
PRIVATE IMPROVEMENTS WITHIN PUBLIC RIGHTS-OF-WAY, EASEMENTS, ETC.
PROPERTY ADDRESS: 4055 Via Manzana TRACT/PM: 4850 BLOCK: LOTS):
CROSS STREETS: Paseo Activo Calle Bienvenide
PROPERTY OWNER: John and Sharon Conley PHONE: (949) 500-4339 ADDRESS: 4055 Via Manzana
DESCRIPTION OF WORK:
Installation and maintenance of landscaping within a City-owned public right-of-way.
PERMITISSUANCE:
X WALL/FENCE/GATE Special Conditions:
• MATT BOX 00
• HARDSCAPE (001-000-32340)
• STAIRS
X OTHER
BUT: WITHOUT ANY WARNING, THE
CITY TERMINATED OUR PERMIT,
ON 11/15/22: WHY?
A. DUE TO " PROPOSED IMPROVEMENTS" ON IRION PROPERTY IN SJC, just proposals
B. AND, CITY ORDERED: REMOVE ALL IMPROVEMENTS BY DEC, 7th
OR WE WILL REMOVE THEM & BILL YOU
C. REVOKED ONLY 6 MONTHS AFTER PERMIT WAS ISSUED
REVOKED ONLY FIVE WEEKS AFTER DPW HIMSELF RE-
AFFIRMED IT
D. REVOKED DESPITE $11,194. IN CONLEY
IMPROVEMENTS MADE IN 2022
E. REVOKED WITH SHORTEST ADVANCE NOTICE THE PERMIT
ALLOWS: 3 weeks
• WHAT PROPOSED IMPROVEMENTS IN SJC OUTWEIGH
OUR RIGHTS?
• A PERGOLA AND A PRIVACY WALL IN SJC, WHY?
• IRIONS "NEED ACCESS" TO THEIR OWN PROPERTY: BOGUS
• MAY NEVER BE BUILT, ONLY A PERMIT TO BUILD,
IRION'S PLANNING AN ADU, ANOTHER AGENDA
• WOULD DECREASE VALUE OF CONLEY LOT,
• PUTS A FENCE 10' FROM THEIR HOME, SPITE FENCE?
• HURTS CURB APPEAL, ALL CARS ENTERING TRACT SEE IT
• RIP OUT 40 FEET, TO INSTALL 3' WIDE WALKWAY??
MAKES NO SENSE.
10 IRION BUILDING PERMIT PLANS IN
SJC
27001 PASEO ACTIVO, SAN JUAN CAPISTRANO, CAP PRIVACY CINDER BLOCK WALL 27001 E/6-12-02TVO
PROPERTY LINE
& HIGH
WOOD PROPERDA
FENCE PLANTE LIGHTINC, PAVERS S
27001 PASE
875-1
Pronumenty
R.C.E. 10301 WALKWAY
PLOT PL
11 DO IRION'S NEED A WALKWAY
FOR ACCESS? NO.
12 NO WAY TO TREAT 30 YEAR
RESIDENTS:
a drastic and punitive approach.
OUR REQUEST:
• THE REVOCATON OF OUR PERMIT BE VACATED
THE IRION'S SECOND APPLICATION FOR
ENCROACHMENT PERMIT FOR THE ROW BE
DENIED
THANK YOU
13