Adopt Resolution #19-026 Approving an Encroachment Agreement for a Shed within a Drainage and Utility Easement at 15261 Barium Street NW (Project No. 18-132); Case of Alan and Susan Gustafson

The owners of the property located at 15261 Barium St NW (the "Subject Property"), Al and Sue Gustafson (the "Applicant") have been working with Planning and Engineering Staff to place a ten by twelve foot (10' x 12') [10' x 20' in agreement] shed (the "Shed") in the rear yard of the Subject Property.  However, the eastern most sixty (60) feet is encumbered with a drainage and utility easement (the "Easement") for both a storm sewer pipe and for drainage purposes, greatly restricting options for siting the Shed.  The owners of the Subject Property have requested an Encroachment Agreement to authorize placement of the Shed within the Easement.

Notification is not required for consideration of an Encroachment Agreement.

When the Subject Property was originally platted, there was a drainage pond located in the rear of the parcel to accommodate drainage for a portion of the neighborhood.  However, when the land to the north subsequently developed, this pond was removed and replaced with a storm sewer pipe and catch basin.  At the direction of the Engineering Department, the Applicant had a survey with topographic data completed in September of 2018.  That data was then used to update the City's stormwater model to determine if the Easement could be vacated and replaced with an drainage and utility encumbering just the area along the storm sewer pipe.  Unfortunately, the model still showed a portion of the Easement as necessary to contain runoff within the 100-year storage area.

Staff, in conjunction with the Applicant, continued to review possible options.  It was determined that the Shed could be placed in a specific location with little impact to the Easement or the existing infrastructure.  The Shed would need to be slightly elevated so the floor remains at or above the 100 year storage elevation and this condition has been included within the Encroachment Agreement.

As long as the Applicant enters into an Encroachment Agreement (attached), which would need to be recorded against the Subject Property, the Engineering Department has no objection to this request.

This is being processed as part of Staff's normal duties.  However, the recording fee is the responsibility of the Applicant.

Staff recommends adopting Resolution #19-026 approving an Encroachment Agreement authorizing the placement of a shed within a drainage and utility easement on the Subject Property.

Motion to adopt Resolution #19-026 approving an Encroachment Agreement to allow a shed to be placed within a drainage and utility easement on the Subject Property.