Adopt Resolution #15-04-097 Approving an Encroachment Agreement for an Existing Deck and Septic System Located in a Drainage and Utility Easement at 8077 155th Lane NW; Case of Mike and Diana Swanson - Please Note:  This item was removed from the Consent Agenda - to be considered at the April 28th City Council Meeting.

The property located at 8077 155th Lane NW (the "Subject Property") is currently for sale.  A prospective buyer of the Subject Property noticed that there is an exhibit of the Subject Property showing a portion of a Drainage and Utility Easement (the "Easement") proposed to be vacated and inquired with the City as to whether this vacation process was ever completed.  After researching this matter, it was discovered that the Easement Vacation process was never completed and that the septic system and deck on the Subject Property are both located within the Easement.

No notification is required to consider an Encroachment Agreement.

It appears that the original developer of The North Forty 3rd Addition, R.J.S. Builders, had applied for an Easement Vacation in 1991.  At that time, City Staff reviewed the request and was supportive of the easement vacation contingent upon the developer submitting and constructing a revised ponding area and encumbering the revised ponding area with an easement.  At the Public Hearing in November of 1991, the Planning Commission tabled action on the request until the developer submitted a revised Grading and Drainage Plan.  It does not appear that the developer ever submitted revised plans for this ponding area and thus, the vacation of the Easement was never completed.

As part of the review of the original request for an Easement Vacation, the City inspected the Subject Property and noted that the ideal location for the drain field would be within a portion of the Easement.  It appears that a permit was issued by the City for the installation of the septic system within the area of the Easement that was proposed to be vacated.  Additionally, a Building Permit for an attached deck was also issued by the City, again within the area of the Easement that had been proposed to be vacated.

Engineering Staff has reviewed this to determine whether the Easement area could be vacated as originally requested in 1991.  It does not appear that the ponding area was ever revised per the direction of City Staff in 1991 and thus, it appears that this Easement may still be necessary.  However, it has been approximately twenty-five (25) years since the installation of the septic system and over fifteen years since the installation of the deck and there have been no documented concerns with water interfering with either improvement (or with the improvements interfering with drainage).  It should be noted that both improvements appear to be outside the natural depression and thus, are in a location that serves to convey rather than hold water. Thus, Staff is comfortable approving an Encroachment Agreement that addresses these improvements in their current locations and configurations rather than requiring their removal from the Easement.

The Encroachment Agreement would allow these improvements to remain in place and would allow for ongoing maintenance but would not permit expansion.  In the event the septic system ever failed, an alternate site located outside of any drainage and utility easement will be necessary (or a new Encroachment Agreement may need to be considered prior to installation of improvements).  The Encroachment Agreement also reserves the City's rights within the easement and, if it were ever necessary to ensure the easement functioned properly, has a provision that would require the property owner to remove said improvements.

Alternatives

Option #1: Adopt Resolution #15-04-097 approving an Encroachment Agreement for both the deck and the septic system within a drainage and utility easement.  Both improvements were installed after obtaining permits from the City.  An Easement Vacation process was initiated in 1991 but was never completed as an updated Grading and Drainage Plan was never submitted by the original developer.  These improvements have existed within the easement now for about 15-25 years and there have been no documented concerns related to drainage issues.  Staff supports this option.

Option #2: Do not adopt Resolution #15-04-097.  This action would ultimately result in the need for the improvements (both a deck and septic system) to be removed from the easement.  The home is positioned directly adjacent to the drainage and utility easement and thus, there would be no option to reinstall a deck without encroaching on the easement or without significant modifications to the home.  Additionally, in 1991, the area where the septic system was installed was identified by City Staff as being the most ideal location the system based on soils.  There have been no documented concerns with drainage affecting these improvements or with the improvements negatively impacting drainage.  Staff does not support this option.



 

Staff recommends adopting Resolution #15-04-097 approving an Encroachment Agreement, subject to review and approval as to legal form by the City Attorney.

Motion to adopt Resolution #15-04-097.