Adopt Resolution #17-05-117 Approving an Easement Encroachment Agreement for a Sport Court at 7496 161st Ave NW

The City has received a request for an Easement Encroachment Agreement from Clinton and Monica Seul to allow for a sport court/patio to be partially located within a drainage and utility easement (the "Easement") on the property located at 7496 161st Avenue NW (the "Subject Property").  The sport court/patio would be flush with the ground and would not disrupt the designed drainage pattern for the area.

Notification is not required.

The Subject Property is located within the Sweetbay Ridge subdivision.  As part of the approved grading plan for the subdivision, the Subject Property, along with the three (3) others on the block, were to be custom graded in an attempt to preserve some of the tree cover in the rear yards.  As a result, a larger drainage and utility easement was required along the rear lot lines to ensure proper drainage would occur (all of the rear yards drain east toward Sapphire St, through this Easement).  Staff has worked with the owners of the Subject Property to ensure that the surface of the sport court/patio is flush with the existing ground to ensure that drainage could sheet flow across it and continue to the storm sewer system in Sapphire Street.

Staff has worked with the owners of the Subject Property to ensure that the sport court/patio meets the minimum setbacks; however, it still encroaches four (4) feet into the Easement in the rear yard.  The owners have modified their plan to reduce the size of the sport court/patio slightly and repositioned the basketball hoop/post so that it is outside the Easement.  The Engineering Department has reviewed the request and has noted that as long as it remains flush with the existing grade, the Easement can still function as designed and would have no objection to the encroachment. 

This case is being handled as part of Staff's regular duties.  Should the Easement Encroachment Agreement be approved, the property owners would be responsible for the cost of recording the Agreement.

Staff recommends approval of the Easement Encroachment Agreement.

Motion to adopt Resolution #17-05-117 approving an Easement Encroachment Agreement for the property at 7496 161st Ave NW.