Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

Del Mar couple gets to keep alley improvements

Dining tables, chairs, lighting, extensive planting

Many residents called the plantings and public access created "beyond incredible."
Many residents called the plantings and public access created "beyond incredible."

A Del Mar homeowner whose lush greenery has overtaken an unimproved alley can continue. Such public streets are shown on maps but remain unimproved — or are intended to.

The city council on Monday voted 3-2 to allow Tanya Young and Michael McManus to keep an encroachment permit, which was first granted in 1988 for a driveway, retaining walls and landscaping installed in the previous decade in the alley beside their home. 

"The reason for these paper alleys is the ability to have space between properties," said Councilmember Dave Druker, who voted no, along with Councilmember Dan Quirk. 

Staff recommended denial of the permit for violating code and private encroachments into city rights of way, which span about 70 feet of the alley west and north of the improvements previously approved. 

Aside from an impenetrable thicket of arundo, council members who walked the area around 919 Klish Way (several long blocks east of Camino Del Mar and Tenth) described a welcoming oasis in the public right of way.

In August, 2022, the city issued a violation after receiving a complaint about hedges, rose bushes, ornamental plants, and private patios that had cropped up.


So did many residents who called the plantings and public access created "beyond incredible." It was taking care of the space, curbing erosion and beautifying the alley, they said, anything but encroachment.

That's not how neighbor John McNulty, who wants the vegetation and other additions removed, sees it. In a letter to the city, he claimed the McManuses  deliberately set out to turn the public alley into their private backyard.

"The applicants have illegally taken over the alley as their own yard," McNulty said. They planted "a row of 20-40 foot tall trees on our property line"; graded the alley; installed retaining walls, drainage and "planter beds of all types." 

They even put up outdoor dining tables and chairs, complete with overhead café lighting, in two patio seating areas they created in the alley.

Sponsored
Sponsored

According to a staff report, the McManuses claimed the alley was closed in 1975 when in fact it has not been closed or vacated. However, a different unimproved alley two homes to the east was officially closed to vehicles that year.

McNulty said there are two distinct problem areas. The first is the southerly 100 feet of the alley where the McManuses were granted an encroachment permit limited to private retaining walls, landscaping, walkway and driveway pavement. 

Nevertheless, they "planted a row of trees right on our property line in the public alleyway even though it was clearly forbidden." They weren't allowed to block public use of the alley — "which includes blocking us access from our own property of course, not just from the end of the alley." 

A second area where the McManuses have "egregiously violated the rights in the public alleyway" is north of the section in the 1998 permit, where they were never granted rights. This is where the garden walls, irrigation, drainage, and outdoor dining went in. 

In August, 2022, the city issued a violation after receiving a complaint about hedges, rose bushes, ornamental plants, and private patios that had cropped up without city approval.

The McManuses sought a permit to retain the new encroachments, but then offered to remove the foliage and patios to abate the violation. The city agreed, with some added conditions, only to have the applicants file an appeal of the approval.

In the final iteration, the McManuses wanted to revise their application to retain all the encroachments they had agreed to remove.

For approval, the city council had to make several findings: that the changes would not endanger public safety; interfere with a city right of way; impact community welfare; or convert a significant slice of public property to private use.

The council agreed to height limits on the hedges and thinning some of the greenery, as well as going out to do a tree count.

As debates over private views, climate action and the benefits of trees keep coming, the city is also embarking on a two-phase update of its decades-old Trees, Scenic Views and Sunlight Ordinance.


The latest copy of the Reader

Please enjoy this clickable Reader flipbook. Linked text and ads are flash-highlighted in blue for your convenience. To enhance your viewing, please open full screen mode by clicking the icon on the far right of the black flipbook toolbar.

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Live Five: Sitting On Stacy, Matte Blvck, Think X, Hendrix Celebration, Coriander

Alt-ska, dark electro-pop, tributes, and coastal rock in Solana Beach, Little Italy, Pacific Beach
Next Article

Escondido planners nix office building switch to apartments

Not enough open space, not enough closets for Hickory Street plans
Many residents called the plantings and public access created "beyond incredible."
Many residents called the plantings and public access created "beyond incredible."

A Del Mar homeowner whose lush greenery has overtaken an unimproved alley can continue. Such public streets are shown on maps but remain unimproved — or are intended to.

The city council on Monday voted 3-2 to allow Tanya Young and Michael McManus to keep an encroachment permit, which was first granted in 1988 for a driveway, retaining walls and landscaping installed in the previous decade in the alley beside their home. 

"The reason for these paper alleys is the ability to have space between properties," said Councilmember Dave Druker, who voted no, along with Councilmember Dan Quirk. 

Staff recommended denial of the permit for violating code and private encroachments into city rights of way, which span about 70 feet of the alley west and north of the improvements previously approved. 

Aside from an impenetrable thicket of arundo, council members who walked the area around 919 Klish Way (several long blocks east of Camino Del Mar and Tenth) described a welcoming oasis in the public right of way.

In August, 2022, the city issued a violation after receiving a complaint about hedges, rose bushes, ornamental plants, and private patios that had cropped up.


So did many residents who called the plantings and public access created "beyond incredible." It was taking care of the space, curbing erosion and beautifying the alley, they said, anything but encroachment.

That's not how neighbor John McNulty, who wants the vegetation and other additions removed, sees it. In a letter to the city, he claimed the McManuses  deliberately set out to turn the public alley into their private backyard.

"The applicants have illegally taken over the alley as their own yard," McNulty said. They planted "a row of 20-40 foot tall trees on our property line"; graded the alley; installed retaining walls, drainage and "planter beds of all types." 

They even put up outdoor dining tables and chairs, complete with overhead café lighting, in two patio seating areas they created in the alley.

Sponsored
Sponsored

According to a staff report, the McManuses claimed the alley was closed in 1975 when in fact it has not been closed or vacated. However, a different unimproved alley two homes to the east was officially closed to vehicles that year.

McNulty said there are two distinct problem areas. The first is the southerly 100 feet of the alley where the McManuses were granted an encroachment permit limited to private retaining walls, landscaping, walkway and driveway pavement. 

Nevertheless, they "planted a row of trees right on our property line in the public alleyway even though it was clearly forbidden." They weren't allowed to block public use of the alley — "which includes blocking us access from our own property of course, not just from the end of the alley." 

A second area where the McManuses have "egregiously violated the rights in the public alleyway" is north of the section in the 1998 permit, where they were never granted rights. This is where the garden walls, irrigation, drainage, and outdoor dining went in. 

In August, 2022, the city issued a violation after receiving a complaint about hedges, rose bushes, ornamental plants, and private patios that had cropped up without city approval.

The McManuses sought a permit to retain the new encroachments, but then offered to remove the foliage and patios to abate the violation. The city agreed, with some added conditions, only to have the applicants file an appeal of the approval.

In the final iteration, the McManuses wanted to revise their application to retain all the encroachments they had agreed to remove.

For approval, the city council had to make several findings: that the changes would not endanger public safety; interfere with a city right of way; impact community welfare; or convert a significant slice of public property to private use.

The council agreed to height limits on the hedges and thinning some of the greenery, as well as going out to do a tree count.

As debates over private views, climate action and the benefits of trees keep coming, the city is also embarking on a two-phase update of its decades-old Trees, Scenic Views and Sunlight Ordinance.


Comments
Sponsored

The latest copy of the Reader

Please enjoy this clickable Reader flipbook. Linked text and ads are flash-highlighted in blue for your convenience. To enhance your viewing, please open full screen mode by clicking the icon on the far right of the black flipbook toolbar.

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Southern California Asks: 'What Is Vinivia?' Meet the New Creator-First Livestreaming App

Next Article

Woodpeckers are stocking away acorns, Amorous tarantulas

Stunning sycamores, Mars rising
Comments
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.

This Week’s Reader This Week’s Reader