Adopt Resolution #14-08-169 Approving an Encroachment Agreement to Allow the Installation of Two (2) Small Signs in Drainage and Utility Easements at The Seasons of Ramsey

The Seasons of Ramsey has applied for a Permanent Sign Permit to install two small signs on their property.  In reviewing the proposed locations, each is within a Drainage and Utility Easement and one would also be within a Slope Easement as well.  The signs, which would each be six (6) square feet in size and would match their existing sign outside the leasing office, are desired to help identify the property for prospective tenants.

No notification is required to consider an Encroachment Agreement.

The common areas of the Seasons of Ramsey are all encumbered with Drainage and Utility Easements.  Additionally, Lot 1, Block 1 Seasons of Ramsey is also encumbered with a fifteen (15) foot Slope Easement along the south lot line.  The proposed signs would both be located within the Drainage and Utility Easements and one of the signs would also be within the Slope Easement.  The signs would not obstruct or alter drainage patterns nor would they interfere with the Slope Easement. 

Both signs would be located approximately ten (10) feet from the nearest property lines at two intersections, Bunker Lake Blvd and Town Center Drive and Bunker Lake Blvd and Rhinestone St.  These are the two primary entrances to the Seasons of Ramsey development.  The signs would be positioned at 45 degree angles such that they should not negatively impact sight lines at either intersection.

The request has also been reviewed by the Engineering Department and they have no objections to entering into an Encroachment Agreement to allow the two (2) proposed signs.

Alternatives

Option #1: Approve Resolution #14-08-169 approving an Encroachment Agreement to allow for two (2) small signs to be installed within Drainage and Utility Easements and a Slope Easement.  The signs are small in size (6 square feet and 5.5 feet in height) and would not negatively impact drainage or obstruct sight lines at either intersection.  The proposed signs meet all other standards in City Code.  The Encroachment Agreement retains the City's use of the easement areas for their intended purpose and the City retains the right to remove the sign(s) if deemed necessary in future.  Staff supports this option.

Option #2: Do not approve Resolution #14-08-169.  This would prohibit the placement of any signage related to the use of the property at the two proposed locations.  The signs would not negatively impact drainage patterns or obstruct sight lines at either intersection and their posts are similar to what would be used for a privacy fence, which would not require any type of encroachment agreement.  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 #14-08-169 approving an Encroachment Agreement to allow two (2) small signs to be installed within drainage and utility easements on Lots 1 and 2, Block 1 Seasons of Ramsey.

Motion to adopt Resolution #14-08-169 approving an Encroachment Agreement to allow the installation of two small signs on Lots 1 and 2, Block 1 Seasons of Ramsey.