South Encroachment
This view shows the public boundaries and the private property encroachment from the south.
SDOT recently issued a permit which allows the north property owner to fence off access to parking and pinch public access to the beach to accommodate construction. The contractor has said this may last for up to 18 months.
North Encroachment
(what others are saying about the fence)
South Property Backstory
4 YEARS / 2,661sf
When SDOT discovered that 25% of the E Harrison street-end had been encroached upon by the southern neighbor, a negotiation commenced between the homeowner's lawyers and city lawyers.
Negotiations pertained to what area had been encroached, whether it could be permitted, and what the cost of that encroachment would be.
We believe the legal back and forth began in 2018 and concluded with a permit being issued in April 2022, with permit fees beginning in 2022 at $42,000/year.
SDOT, through its lawyers, notified the homeowner that "back fees" would be assessed from 2018-2021. The homeowner contested paying back fees, and his lawyers discovered a loophole in SDOT's ability to collect back fees. There was nothing in the regulations which empowered SDOT to collect any back fees prior to the permit being agreed on.*
So, in addition to saving this homeowner $168,000 in past street use fees (2018-2021 @ $42,000/year), the city was required to foot the bill for attorneys to work on this for 2 - 4 years.
*As a result of this challenge, SDOT is changing its policy, and all homeowners from now on will be required to pay any back fees.
North Property Backstory
FENCES, CONCRETE DRIVEWAY, PLANTINGS
The north property has had 4 recent construction phases: 2017, 2019, 2021, and 2022.
SDOT recently granted SUCONST0003196 — a permit to contain public space with fencing for construction staging. Fences were recently installed. The contractor states that the fences may be in place for 12-18 months
Applications have been submitted (004925-21PA & 007029-22PA) to install a concrete driveway on public land and install trees/plants to “enhance” public space. The current fences (under a separate permit) may be intended to groom the public land (and public opinion) with the future intent of permanently encroaching on public land.
Unpermitted trees were installed on public property over the past few years. Our plan may incorporate some of these trees.
The north property has myriad permits, applications, and requests on file (you must enter the property address to search).