Adopt Resolution #21-243 Granting an Easement Encroachment Agreement for 8897 151st Lane NW; Case of Preserve at Northfork, LLC

The City received a Building Permit Application for a new dwelling to be constructed at 8897 151st Lane NW (the "Subject Property").  The Certificate of Survey shows the front corners of the home and attached garage meeting the required side yard setback of five (5) feet.  However, on one side of the attached garage, the one (1) foot eave overhang extends slightly into the five (5) foot wide drainage and utility easement.  This encroachment occurs over approximately the first ten (10) feet of depth of the garage.

This type of potential encroachment was identified in both Preserve at Northfork and Riverstone.  In later phases of each subdivision, where possible, the width of the drainage and utility easements was reduced down to four (4) feet to avoid potential encroachment issues.  However, the Subject Property is within the 1st Addition of Preserve at Northfork, which still has the five (5) wide drainage and utility easements. 

There do not appear to be any major utilities (water, sanitary, storm sewer) within the drainage and utility easement (storm sewer is in the adjacent outlet to the west).  Furthermore, the entirety of the adjacent outlot (Outlot C, Preserve at Northfork) is also encumbered with drainage and utility easement.  Thus, it does not appear that this slight encroachment would impact the functionality of the easement. 

Staff recommends adopting Resolution #21-243 approving an Easement Encroachment Agreement on the Subject Property.

Motion to adopt Resolution #21-243 approving an Easement Encroachment Agreement on the Subject Property.