Homeowners cross the line

June Casagrande

Until workers trimmed the trees alongside the Hackler family’s Kings

Road home, no one realized that the fenced-in backyard that slopes

down toward Coast Highway included a small plot of city-owned

parkland. Not far away, in Irvine Terrace Park, there is a similar

situation: Four of the six Malabar Avenue homes alongside the park

encroach onto city property.

Council members on Tuesday will hold a study session that could

set into motion some type of solution for these unusual

circumstances.

“We’re hoping that, for a nominal fee, the city will let us stay

there,” resident Walter Hackler said.

The Parks, Beaches and Recreation Commission last month denied the

Hacklers’ request to continue to allow them to keep the property as

is. Right now, and for decades before the Hacklers bought their home

last year, the backyard fence slopes down the steep cliff, separating

the backyard from the small view park next door. But the fence goes

too far, wrapping around a small square of land below.

The Hacklers keep this plot landscaped with mowed grass and palm

trees -- a service they say benefits the community. By fencing off

the difficult-to-access area they say they are also protecting the

city from liability. The house’s water lines are connected to the

lower parcel, possibly adding to fire safety downhill.

Last month, the Parks Commission ordered them to remove the fence

and the landscaping, but upcoming council talks could overrule that.

Councilman Don Webb, whose district includes Kings Road, said he

might support a compromise.

“As far as the Hacklers’ property is concerned, I think it needs

to be looked at again,” Webb said.

One solution might be to allow the Hacklers to continue to

maintain the land as their own but with a written agreement that

affirms that it is public land and that the city has a right to take

it over whenever they see fit.

At Irvine Terrace Park, council members might consider selling the

land to the homeowners. But, Mayor Tod Ridgeway said that, because

the area serves as a drainage channel, it might be in the city’s best

interest to maintain ownership.

“I guess you have to look at it at a case-by-case basis,” Ridgeway

said. “If the land is of no use to the city, why wouldn’t we sell

it?”

* JUNE CASAGRANDE covers Newport Beach and John Wayne Airport. She

may be reached at (949) 574-4232 or by e-mail at

june.casagrande@latimes.com.