Adopt Resolution #14-02-035 Approving an Encroachment Agreement for an Existing Detached Accessory Building Partially Located in a Drainage and Utility Easement at 16438 Coquina St NW

In 2003, the City processed an application for a building permit for a detached accessory building on the property located at 16438 Coquina St  NW (the "Subject Property").  Recently, through title work completed in relation to a potential refinancing, it was revealed that the detached accessory building partially encroached upon the westerly edge of the drainage and utility easement.  The property owner is trying to address this encroachment with an Encroachment Agreement in order to complete the refinancing.

No notification is required to consider an Encroachment Agreement.

The Subject Property is bisected with a wide drainage and utility easement (the "Easement") that runs from the northeast toward the southwest.   The Easement appears to be strictly for drainage purposes as there does not appear to be any infrastructure within it.  When the detached accessory building was constructed, it was supposed to be entirely outside this Easement.  However, as noted on the attached exhibit, the western wall of the detached accessory building does, in fact, sit slightly within the Easement. 

The detached accessory building has been in place now for almost eleven (11) years and there have been no documented issues or concerns with drainage in this area.  An Encroachment Agreement has been drafted that would document and permit the encroachment while also limiting any future expansion of the building that would increase said encroachment.  The Encroachment Agreement also stipulates that if the detached accessory building is demolished or destroyed, any replacement structure shall not encroach upon the easement.

The encroachment has been reviewed by the Engineering Division and they have no concerns with the encroachment or the Encroachment Agreement.

Alternatives:

Option #1: Approve Resolution #14-02-035 Approving an Encroachment Agreement for an Existing Detached Accessory Building.  The building has been in place for approximately eleven (11) years now with no documented concerns or issues related to drainage in the area.  City Staff has reviewed the existing encroachment and has no concerns with it.  Staff supports this option.

Option #2: Do not Approve Resolution #14-02-035 Granting an Encroachment Agreement for an Existing Detached Accessory Building.  The building has been in place for about eleven (11) years without creating any documented drainage issues.  If the Encroachment Agreement is not approved, it will result in the building needing to be either modified to eliminate the encroachment or removed entirely.  Staff does not support this option.

The preparation of this case is being handled as part of Staff's regular duties; however, should the Encroachment Agreement be approved, it will need to be recorded against the Subject Property and that cost would be the responsibility of the property owner.

City Staff recommends approving Resolution #14-02-035 approving an Encroachment Agreement for an existing detached accessory building on the property located at 16438 Coquina St NW.

Motion to adopt Resolution #14-02-035 approving an Encroachment Agreement for an existing detached accessory building that partially encroaches upon a drainage and utility easement on the property located at 16438 Coquina St NW.