Adopt Resolution #21-064 Granting an Easement Encroachment Agreement on Multiple Lots in Riverstone 5th Addition (Project No. 20-130); Case of Riverstone Development LLC

Riverstone Development LLC (the "Applicant") has multiple lots in the Riverstone 5th Addition that are impacted by wider drainage and utility easements. Each of the impacted lots has a ten (10) foot wide drainage and utility easement ("Easement") along one side due to the presence of stormwater pipes that convey stormwater from the street(s) to stormwater ponds. The wider Easements are impacting the siting of homes on these lots, due to encroachment into the Easements of eave overhangs . The following table outlines the properties impacted (the "Subject Properties):
 

Lot	Block	Address
1	2	8744 151st Ave
2	2	8756 151st Ave
7	2	8788 151st Ave
1	3	15146 Tiger St
11	3	15216 Tiger St
12	3	15228 Tiger St
10	4	15213 Tiger St
11	4	15225 Tiger St
20	4	15226 Snowy Owl St
21	4	15214 Snowy Owl St
6	7	15286 Quintana Ct
8	8	15273 Quintana Ct
9	8	15275 Quintana Ct

The City attempted to notify Property Owners, as reflected in the Anoka County Property Records, within 350 feet of the Subject Property of the request.

This concern was originally detected through the Building Permit review process, where it was discovered that a six (6) inch eave overhang encroached into the Easement on one of the Subject Properties (8744 151st Ave NW). Staff then reviewed the other lots in Riverstone 5th Addition and found twelve (12) additional lots where this same issue may arise. In response to the permit application being sent back to the Applicant to modify the plan or adjust the building location, the Applicant requested approval of Easement Encroachment Agreement for all thirteen (13) of these lots.

Staff has attempted to work with the Applicant on finding a solution to this. Staff has recommended that the house model be modified to reduce the overall width by six (6) inches, thus eliminating any encroachment. Alternatively, the house pad could be shifted six (6) inches, eliminating the encroachment into the Easement. However, that results in the home(s) being four and a half (4.5) feet from the side lot line rather than the required five (5) feet, which would require a variance.

It is worth noting that previous actions have been taken in an attempt to avoid these encroachment issues. After the 1st Addition of Riverstone, modifications were made to allow a four (4) foot drainage and utility easement (rather than the traditional five [5] foot width) wherever there was not actual infrastructure in the ground. Also, the Applicant has modified their home plans by reducing eave overhangs down to six (6) inches compared with the more standard twelve (12) or eighteen (18) inch wide overhangs.

All costs associated with this request are the Applicant's responsibility.

Staff recommends adopting Resolution #21-064 approving an Easement Encroachment Agreement on the Subject Properties.

Motion to adopt Resolution #21-064 approving an Easement Encroachment Agreement on the Subject Properties.