Council debates late on Fairview

Deirdre Newman

Some Swan Drive residents who have encroached onto Fairview Park

property want to keep that privilege, and are willing to pay for it.

Tuesday, the City Council considered 18 different ways to handle

the encroachments, which occupy about 4,820 square feet.

As of press time the council had not voted on any of the options.

Some of those that encroached say the city shouldn’t even be

bothering with the issue in the first place.

“I think this is one of the most ridiculous issues the city ever

put to vote,” said Larry Cuorter, a Swan Drive resident. “We’re

talking about people who encroached anywhere from half an inch to a

couple of feet.”

The encroachments by homeowners on Swan Drive west of Placentia

Avenue include block walls, wooden and chain-link fences, planters

and other improvements.

There are 17 homeowners who have exceeded their property limits,

from less than a foot to more than 22 feet.

At its Jan. 22 meeting, the council asked staff to conduct an

informal survey of all parks to determine property lines and to

develop a policy that allows encroachments of 6 inches or less.

The city’s present encroachment policy mainly involves giving the

homeowner about 30 days to remove it. If it’s not removed within that

time, the encroachment is removed by staff, and the homeowner is

billed for the labor and equipment used to remove it, plus

administrative costs.

The council considered 18 different alternatives involving

selling, leasing or requiring a permit for the encroachment areas, or

not permitting them at all.

Another Swan Drive resident, David Kinkade, pointed out previous

comments from Dave Alkema, former parks project manager, that the

encroached land’s only purpose would be to serve as a buffer.

“The land has negative value to the city,” Kinkade said.

But former mayor Sandra Genis said the encroachment should be

returned to the park.

“To me it’s pretty clear that you don’t take land that doesn’t

belong to you,” Genis said. “And if you took it by accident, give it

back.”

* DEIRDRE NEWMAN covers Costa Mesa and may be reached at (949)

574-4221 or by e-mail at [email protected].