Adopt Resolution #15-11-288 Approving an Encroachment Agreement for a Portion of a Driveway in a Drainage and Utility Easement at 5581 148th Lane NW; Case of Douglas and Vicky Foyt

Douglas and Vicky Foyt (the "Property Owner") own the property located at 5581 148th Lane NW (the "Subject Property").  In 2004, the Property Owner installed a driveway extension (the "Extension") along the western wall of the attached garage, which encroached into both the required driveway setback of five (5) feet as well as into a Drainage and Utility Easement (the "Easement").  On November 12, 2015, a Variance to the required driveway setback was approved, allowing the Extension to remain in place, approximately one (1) foot from the western boundary of the Subject Property.   The approval was contingent upon the Property Owner executing an Encroachment Agreement with the City.

No notification is required to consider an Encroachment Agreement.

The installation of the Extension occurred prior to the implementation of Zoning Permits, thus no permit was required at that time the work was completed.  The Extension is elevated with fill and two (2) courses of block, which helped create a level surface.  The Property Owner had spoken with the owners of the adjacent parcel prior to installing the Extension and those owners also supported the request for a Variance.  The surface of the Extension presently consists of non-compliant gravel material, which, per the approved Variance, will need to be upgraded to comply with the surfacing requirements of the R-1 Residential (MUSA) District no later than June 30, 2016.

The Engineering Division has reviewed the request and noted that the Extension has been in place for approximately ten (10) years and, to our knowledge, has not generated any drainage concerns.  There is no infrastructure in place (e.g. stormwater pipes) in this Easement either and thus, as long as the Property Owner maintains positive drainage on the Subject Property and existing grades at the property line, they have no objection to the encroachment.

An Encroachment Agreement has been drafted to reflect these 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 Extension in the Easement and associated costs thereof should the City determine that maintenance and/or the installation of utilities within the Easement is necessary.

Alternatives

Alternative 1: Adopt Resolution #15-11-288 approving an Encroachment Agreement for an existing driveway extension that is partially located within a drainage and utility easement.  City Staff supports this option.

Alternative 2: Do not adopt Resolution #15-11-288, denying an Encroachment Agreement for an existing driveway extension partially located within a drainage and utility easement.  This would essentially invalidate the approved Variance and the Property Owner would be required to remove that portion of the driveway extension within the drainage and utility easement.  Staff does not support this option.

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 #15-11-288 approving an Encroachment Agreement for an existing driveway extension partially located within a drainage and utility easement on the property located at 5581 148th Lane NW.

Adopt Resolution #15-11-288 approving an Encroachment Agreement for an existing driveway extension partially located within a drainage and utility easement at 5581 148th Lane NW.