Adopt Res. #15-07-179 Approving an Encroachment Agreement for a Portion of a Proposed Driveway in a Drainage and Utility Easement at 17209 Tungsten St. NW; Case of Frank and Dorothy Frederick

The owner of property located at 17209 Tungsten St. NW (the "Subject Property") is proposing to construct a second driveway to the garage as well as a parking space to the north of the garage. The driveway extension will encroach upon a drainage and utility easement (the "Easement") on the Subject Property and the setback required for driveways in R-1 Residential Districts (the "Setback"). On July 9, 2015, a Variance to the Setback was approved, allowing the driveway to maintain a five (5) foot setback angling towards a class V parking  area, thereby encroaching on the easement.

No notification is required to consider an Encroachment Agreement.

The existing garage and second driveway on the Subject Property were constructed prior to the current Property Owner. The Property Owner is proposing to access an area to the north of the garage as well as the garage itself with the construction of a concrete driveway, which will maintain a five (5) foot setback for a distance then angling towards the property line which encroaches upon the setback requirement for driveways as shown in Exhibit "A."

A Variance to the Setback was approved by the Ramsey Planning Commission on July 9, 2015. The encroachment has been reviewed by the Engineering Division. So long as the Property Owner maintains positive drainage on the Subject Property and existing grades at the property line, they are comfortable with the encroachment.

An Encroachment Agreement has been drafted to reflect those requirements and obligates the Property Owner to achieve those drainage standards. The Encroachment Agreement also stipulates that the Property Owner is responsible for demolishing the portion of the driveway in the easement and all of its associated costs should maintenance or installation of utilities in the easement be necessary.

Alternatives

Option 1: Approve Resolution #15-07-179 Approving an Encroachment Agreement for a Proposed Driveway Extension Partially Located in a Drainage and Utility Easement. City Staff has reviewed the existing encroachment and has no concerns with it.

Option 2: Do not Approve Resolution #15-07-179 Approving an Encroachment Agreement for a Proposed Driveway Extension Partially Located in a Drainage and Utility Easement.

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 #15-07-179 approving an Encroachment Agreement for a Proposed Driveway Extension Partially Located in a Drainage and Utility Easement at 17209 Tungsten St. NW.

Adopt Resolution #15-07-179 Approving an Encroachment Agreement for a Proposed Driveway Extension Partially Located in a Drainage and Utility Easement at 17209 Tungsten St. NW.