Adopt Resolution #21-227 Granting an Easement Encroachment Agreement for 7474 163rd Ave NW (Project 21-118); Case of Manuel Cuevas

The purpose of this case is to consider a request from Manuel Cuevas (the "Applicant") for a detached structure to continue to be placed within the property's drainage and utility easement on the southeast property line of the property at 7474 163rd Ave NW (the "Subject Property"). The Subject Property is approximately 0.38 acres. The currently placed building is a 10 x 12 foot shed to store items. The Subject Property is in the R-1 Residential (MUSA) Zoning District and guided as Low Density Residential in the Comprehensive Plan. The Subject Property abuts other residential properties. There are wetlands on the southern portion of the Subject Property.

For the Planning Commission meeting on July 22, 2021, the City attempted to send a mailing via Standard US Mail to property owners within 350 feet of the Subject Property, as noted in the Anoka County Property Records, notifying them of the public hearing. The notice was also published in the Anoka County UnionHerald.

Notification is not required for an Easement Encroachment Agreement from the City Council.

Summary
The Applicant has requested a variance to keep a 10' x 12' detached shed (the "Structure") zero (0) feet off the eastern lot line of the Subject Property, overlaying the entire width of the drainage and utility easement. The City would typically apply the required side yard setback  from the southeast property line of the Subject Property, which would be six (6) feet away, but also apply at least ten (10) feet from the east property line to remain out of the drainage and utility easement - a total distance of ten (10) feet from the neighboring property line to remain out of the easement and setback. Section 117-349 of City Code regarding Accessory Uses and Buildings does note that no portion of a structure may encroach on a drainage and utility easement.

The requested agreement is to allow the structure to encroach in the drainage and utility easement on the east property line. The Applicant would prefer to keep the Structure in its current placement. For the Structure to remain in its current location, two (2) items are required from governing bodies in the City. The Planning Commission would have to approve a Variance to the side yard setback requirement of City Code, and an Easement Agreement would need to be approved by the City Council to encroach in the drainage and utility easement. The Structure cannot stay in the current location without both the Variance, and the Easement Agreement.

The Subject Property only has the one (1) accessory structure on the property, with a fire pit located to the west, and a garden and wetlands located to the south. See the attached Presentation for current and alternatives placements of the Structure, and an overview of the discussion that was provided by City Staff to the Applicant after a meeting on May 11, 2021. Draft minutes are also attached from the Planning Commission meeting on July 22, 2021 regarding this request.

Planning Commission - July 22, 2021
Planning Staff presented a Variance request to the side yard setback requirement of six (6') feet for the Subject Property for the continued placement of a structure in the drainage and utility easement, as well as the side yard setback. After discussion, the Planning Commission voted to approve the Variance request. It was noted that an Easement Encroachment Agreement would go to the City Council meeting on August 10, 2021, as both the Variance and Easement Encroachment Agreement are required for the continued use and placement of the shed in its current position. Councilmembers Musgrove and Woestehoff were in attendance for the meeting.

City Code Sections

• 117-349 (Accessory Uses and Buildings)
• 117- 111 (R-1 Residential District).

Alternatives
Alternative 1: Approve the Easement Encroachment Agreement. Planning Staff is supportive of this alternative, and the Variance was approved by the Planning Commission.
Alternative 2: Deny the Easement Encroachment Agreement.

The Applicant is responsible for all costs associated with this project and review.

Planning Staff recommends adopting Resolution #21-227 Granting an Easement Encroachment Agreement for 7474 163rd Ave NW (Project 21-118); Case of Manuel Cuevas.

Engineering Staff does not support this request, but after reviewing the affected easement area Engineering Staff has determined that granting the easement encroachment agreement should not negatively impact this or adjacent properties.

Motion to adopt Resolution #21-227 Granting an Easement Encroachment Agreement for 7474 163rd Ave NW (Project 21-118); Case of Manuel Cuevas.