Adopt Resolution #15-04-098 Approving an Encroachment Agreement for a Portion of a Proposed Deck in a Drainage and Utility Easement at 16901 Kamacite St NW

The City received a Building Permit Application for a proposed fourteen foot by sixteen foot (14' x 16') deck (the "Deck") on the property located at 16901 Kamacite St NW (the "Subject Property").  There is an existing Drainage and Utility Easement (the "Easement") in the rear yard that would be partially encroached upon by the proposed Deck, which prompted the request for an Encroachment Agreement.

Notification is not required when considering an Encroachment Agreement.

The majority of the rear yard of the Subject Property is encumbered by the Easement and the purpose of the Easement is for flood storage (it is not encumbering a wetland and there is no infrastructure within it presently).  The home on the Subject Property, which was positioned at the minimum required front yard setback, is about ten (10) feet from the Easement boundary.  From south to north, the Easement does angle away from the home but the sliding glass door is located near the south wall of the home, closest to the Easement.

Engineering Staff have reviewed this request and have stated that the requested encroachment would be acceptable as long as the Deck footings remain outside the Easement.  It does not appear that the cantilevered portion of the Deck would interfere with any potential maintenance within the Easement.  Nonetheless, the Encroachment Agreement has been drafted such that the City retains its rights within the Easement area and, if it were ever necessary for the functionality of the Easement, includes a provision that would require the owner of the Subject Property to remove those portions of the Deck that encroach in the Easement area.

Alternatives

Option #1: Adopt Resolution #15-04-098 approving an Encroachment Agreement for the proposed Deck contingent upon the Deck footings being located outside the Easement.  The Easement is for flood storage capacity and allowing a portion of the Deck to cantilever into the Easement should not impact the purpose of the Easement.  Staff supports this option.

Option #2: Adopt a modified Resolution #15-04-098 approving an Encroachment Agreement for the proposed Deck, including the Deck footings within the Easement area.  Staff is not supportive of the option allowing footings within the easement as it potentially may set a precedent for future requests to encroach in drainage and utility easements.

Option #3: Do not adopt Resolution #15-04-098.  This action would require modifications to the proposed Deck such that no part of it would encroach within the Easement.  If the Deck can be constructed such that only the cantilevered portion (in this instance, no more than four [4] feet) encroaches into the Easement, it shouldn't have any impact on the purpose of the Easement.  Thus, Staff does not support this option.

The Applicant is responsible for all costs incurred involving this request.

Staff recommends adopting Resolution #15-04-098 approving an Encroachment Agreement for a deck at 16901 Kamacite St NW.

Motion to adopt Resolution #15-04-098 approving an Encroachment Agreement for a proposed deck at 16901 Kamacite St NW.