Approve Encroachment Agreement for a Portion of a Deck to Encroach into a Drainage and Utility Easement on the Property Located at 15881 Lithium St NW; Case of Vasily Vlasyuk

On May 20, 2013, Vasily Vlasyuk submitted a building permit application for the construction of a deck on the property located at 15881 Lithium St NW.  When the home was constructed in 2006, a patio door and ledger board were installed on the eastern (rear) wall of the home, presumably for a future deck, near the northeast corner of the home.  Based on the plat for River Pines 6th Addition and the Certificate of Survey on file for this property, it appears that the proposed deck would encroach into a drainage and utility easement in the rear yard.  The property owner has requested an encroachment agreement to allow for the installation of the deck.

Notification is not required for this type of a request.

The lot in question is encumbered by standard drainage and utility easements of ten (10) feet along the west (front) property line and five (5) feet along the south property line. However, a majority of the eastern (rear) portion of the lot is wetland and is encumbered with a larger drainage and utility easement.  Furthermore, the northern twenty (20) feet of the property is also encumbered with a drainage and utility easement for a twenty-four (24) inch storm pipe that outlets into the wetland.  Based upon the existing location of the patio door and ledger board, along with the location and size of the drainage and utility easements, the installation of any size deck appears likely to necessitate some encroach into this easement.

The property owner has worked with Staff to reconfigure the deck design to limit the encroachment.  It is preferred that the deck extend north of the patio door so that the guard rails can be fastened to the wall of the home, which provides a safer, more secure railing and is more aesthetically appealing than terminating the deck in the middle of the patio door.

The storm sewer line sits approximately ten (10) feet from the corner of the home.  Based on the drawing provided by the property owner, the cantilivered portion of the deck would be about four (4) feet from the storm sewer line and the footing would be approximately five (5) to six (6) feet from the storm sewer line.  The City Engineer has reviewed this request and, based on the location of the existing patio door and that maintenance of this storm sewer line is unlikely or could be accomplished with use of a box, is supportive of the encroachment agreement.

Alternative #1.  Approve an agreement to allow a portion of a deck to encroach into the drainage and utility easement.  Based on the easement encumbrances on this lot, there are many challenges to adding on to the home.  Ideally, the patio door would have been installed further south along the rear wall of the home, which may have alleviated some of the present challenges.  However, since this is a storm sewer line rather than either a sanitary or water line, the likelihood of necessary maintenance is fairly low.  Additionally, while it may add some cost to future maintenance work, it could be done using a box to prevent the walls of the excavated area from collapsing.  While not necessarily ideal, Staff believes that the encroachment agreement is the best approach to address this matter.

Alternative #2.  Deny the encroachment agreement.  Should an encroachment agreement be denied, the property owner will have to explore alternative options, such relocating the patio door and ledger board or adding an additional patio door further south along the rear wall of the home.  That likely may present other challenges such as how that may work with the floor plan of the home.  Staff does not support denying the request for an encroachment agreement.

Staff recommends approving an encroachment agreement that will permit a portion of a deck to encroach into a drainage and utility easement on the property located at 15881 Lithium St NW.

Should the encroachment agreement be approved, the property owner will be responsible for the cost of recording the agreement against the property.

Motion to approve the encroachment agreement to allow a portion of a deck to encroach into a drainage and utility easement on the property located at 15881 Lithium St NW.