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<br /> <br />'"I :. . . Nt4 <br /> <br /> <br />The Companis proposed deck project would be within twelve (12) feet of the easterly edge of the <br />bike and pedestrian path. The operational plan for the project is a twelve- (12) month plan. During . <br />the inspection, staff observed that the neighboring encroachment to the south of Pitchers is 34 feet <br />from the easterly edge of the bike and pedestrian ;path. Staff also observed that there is no <br />opportunity to conduct flood emergency operations to t)1e west of the path. <br /> <br />PROPOSED ACTION <br /> <br />Staff finds that the proposed pennanent commercial activity for this reach of the Mary Carter <br />Greenway and Corps and CWCB Flood Control Project is not in hannony with the existing and <br />planned use for the CWeB right-of-way. _ This requ~t would set a precedent for the use of public <br />property for private economic gain of a business or, commercial operation. More importantly, <br />granting this request could result in an impainuentlof the Corps' flood control activities. In <br />addition, the applicant has not provided the staff wi~ a detailed design for the project. Staff will <br />consider other proposals that provide for a minimum of 25 feet from the easterly edge of the path to <br />any proposed stmctural project. <br /> <br />RECOMMENDATION <br /> <br />Following a review by the CWCB staff for Agenda Iteln 15.a" staff recommends that the Board: <br />] <br />; <br /> <br />Deny the Breckenridge Acquisition Company's request for an easement as submitted by <br />March IS, 2001 letter and sketch/drawing [qr the proposed outdoor deck that would be <br />pennanently attached to the existing PitChers Restaurant. . <br /> <br />A:agcnitemIS,a,soplfltte row,eas.mayOl <br /> <br />2 <br /> <br />,..'. <br /> <br />. <br /> <br />..... <br /> <br />.: :'1, <br />