HomeMy WebLinkAboutIR 8787INFORMAL REPORT TO CITY COUNCIL MEMBERS
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To the Mayor and Members of the City Council
No. 8787
July 18, 2006
Page 1 of 1
SUBJECT: ENCROACHMENTS / CONSENT AGREEMENTS FOR USE OF
PUBLIC RIGHT OF WAY.
On April 25, 2006 (Informal Report 8764), staff suggested that the City Council adopt administrative
review process for certain permanent encroachments into the City's right -of -way. Examples of routine
encroachments include signs, overhangs, awnings, steps, door swings, etc.
The administrative review option was eliminated in 2001 in response to a patio project downtown that
resulted in citizen complaints. In response, City Council review was expanded, the Downtown Design
Review Board was established, , and contracts were revised to ensure the removal of signs when businesses
leave a location. Since 2001, virtually all encroachment agreements presented to the City Council have
been approved on the consent agenda making it apparent that the safeguards are working regardless of the
expanded City Council review.
Restoring the previous policy and establishing new approval tiers would allow the Building Official to
approve sign encroachments up to two feet. The Development Director would have the authority to
consider encroachments up to 18 inches behind the curb face. All other encroachments would require
council consideration. Adequate building codes, inspection personnel and other professional staff are in
place to evaluate the appropriateness of these encroachments. Additional safeguards also include the
Downtown Design Guidelines and review process for these types of encroachments downtown.
During the April 25`h presentation to the City Council, questions were raised regarding the specific types of
encroachments and the implications of an administrative review. Staff met with Councilmember Burdette
to provide additional information and resolve his concerns. Staff further distinguished this process from the
separate Board of Adjustment variance requirements that also govern encroachments which deviate from
setback requirements. The Board of Adjustment review remains unaffected by this change in policy.
With this change, approximately half of the encroachments that are routinely considered by this Council
will be approved administratively by staff, improving service and timeliness to the customer and reducing
the fee required to cover City expenses in the process. Staff will return with an M &C to amend the
Building Code accordingly on July 25, 2006.
Charles R. Boswell
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS