Adopt Resolution #15-05-139 Approving Encroachment Agreement for Village of Sunfish Lake for At-Grade Patio at 6184 146th Ave NW; Case of Douglas A. and Courtney A. Stuart

The City received a request for a proposed twelve foot by eighteen foot (12' x 18') patio on the property located at 6184 146th Ln 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 Patio, which prompted the request for 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). There is a stormwater structure adjacent to the parcel, but not encumbering the parcel, that will not be impacted by the request. The parcel is located in the Village of Sunfish Lake, which has lot sizes smaller than traditionally seen in other areas of the community. With the proper liability waiver as drafted in the Encroachment Agreement, the request appears to be reasonable to Staff.

Engineering Staff have reviewed this request and have stated that the requested encroachment would be acceptable as long as the Owner holds the City harmless from claims that the increased impervious area increased the rate of run-off, thus increasing moisture within the basement, as the site is relatively flat. The City Attorney has included language to prevent such claims to the City for allowing the impervious surface within a drainage and utility easement.

Alternatives

Option #1: Adopt Resolution #15-05-139 approving an Encroachment Agreement for the proposed Patio contingent upon the Deck footings being located outside the Easement. Staff supports this option.

Option #2: Adopt a modified Resolution #15-05-139 approving an amended Encroachment Agreement for the proposed Patio. Staff does not see a need to further revise the agreement. 

Option #3: Do not adopt Resolution #15-05-139. As this is not a structure requiring a Building Permit and it appears that the City is protected from any other liability, Staff does not see a need to deny the request.

All costs associated with processing the Application are the responsibility of the Applicant.

Staff recommends approval of the request.

Motion to adopt Resolution #15-05-139 approving an Encroachment Agreement.