Adopt Resolution #15-06-150 Approving an Encroachment Agreement for a Portion of a Proposed Deck in a Drainage and Utility Easement at 7516 163rd Ave; Case of Mark Sutton

The owner of the property located at 7516 163rd Ave NW (the "Subject Property") has been in discussions with the City dating back to the summer of 2014 regarding the potential of constructing an elevated deck of the rear wall of his home.  The rear wall of the home is approximately four (4) feet from a Drainage and Utility Easement (the "Easement"), which encumbers a wetland in the rear yard of the Subject Property.  The proposed deck would not only partially encroach into the Easement but also into the wetland as well.

Notification is not required when considering an Encroachment Agreement.

Almost all of the rear yard is encumbered by the Easement (to within about four [4] feet of the rear wall of the home).  The purpose of the Easement is to encumber the wetland that is located behind the homes along both 163rd and 162nd Avenues.  The patio or sliding glass door is positioned near the center of the rear wall of the home, in a cantilevered 'bump out', that puts it within several feet of the Easement boundary.  Constructing any type of deck would result in an encroachment into the Easement and wetland.

The property owner is proposing to construct a twelve foot by twenty foot (12' x 20') deck with diamond pier footings.  The proposed footing style would minimize impacts to the wetland.  Furthermore, the property owner also has been in contact with the Anoka Conservation District (ACD) regarding the potential impact to the wetland.  The ACD has provided a written response stating that, in the opinion of the ACD, the proposed deck with the diamond pier footings would qualify as a 'no-loss' exemption according to MN Rules 8420.0415.  However, the Lower Rum River Water Management Organization (LRRWMO) must make the official determination of a No-Loss Exemption and the property owner has submitted an application to the LRRWMO that will be considered at their June meeting.

Both Planning and Engineering Staff have reviewed this request and support the request for an Encroachment Agreement, based on several things.  First, the proposed diamond pier footings will limit/minimize impacts to the wetland.  Secondly, due to the proximity of the home to the Easement, along with the location of the sliding glass door, it appears that any type of proposed deck would at least partially encroach into the Easement.  Finally, the Easement does not contain any infrastructure (e.g. storm sewer), it only encumbers a wetland.  Thus, an encroachment likely would not impede any potential future 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 #15-06-150 approving an Encroachment Agreement for the proposed deck, contingent upon the deck being constructed with diamond pier footings and upon the property owner securing a No-Loss Exemption determination from the LRRWMO.  Without an Encroachment Agreement, it does not appear likely that any type of deck would be feasible based on the proximity of the home to the Easement and the location of the sliding glass door.  As long as the property owner successfully obtains a No-Loss Exemption from the LRRWMO, Staff would support this option.

Option #2: Do not adopt Resolution #15-06-150.  This action would most likely eliminate the possibility of constructing a deck off the rear wall of the home.  It does not appear that the proposed deck would be detrimental to the purpose of the Easement.  As long as the property obtains a No-Loss Exemption from the LRRWMO to construct the deck within part of a wetland, Staff would not support this option.

This request is being processed as part of Staff's regular duties.

Staff recommends adopting Resolution #15-06-150 approving an Encroachment Agreement for a deck at 7516 163rd Ave NW contingent upon the deck being constructed with diamond pier footings and upon the property owner obtaining a No-Loss Determination from the LRRWMO.

Motion to adopt Resolution #15-06-150 approving an Encroachment Agreement for a deck at 7516 163rd Ave NW contingent upon the deck being constructed with diamond pier footings and upon the property owner obtaining a No-Loss Determination from the LRRWMO.