Adopt Resolution #20-137 Approving an Easement Encroachment Agreement with Armstrong West Retail Mall, LLC for Installation and Maintenance of a Sign in a Drainage and Utility Easement at 8019 146th Ave NW (Project No. 19-111); Case of PSD, LLC dba Armstrong West Retail Mall, LLC

The purpose of this case is to review a request from PSD, LLC doing business as Armstrong West Retail Mall, LLC (the "Applicant") for Installation and Maintenance of a Sign in a Drainage and Utility Easement at 8019 146th Ave NW (the "Subject Property").

Notification is not required.

The Applicant received a Conditional Use Permit (CUP) for an oversized monument sign on the Subject Property, and is working with DeMars Signs for the monument sign. DeMars signs applied for and received a permit for a permanent sign on the Subject Property. The base of the sign was placed in a drainage and utility easement onsite. An easement encroachment agreement is required to keep the sign where it was placed and had been previously contemplated. Upon completion of the footing, it was discovered that the footing was closer to a sanitary sewer line than originally anticipated. What had been anticipated as a housekeeping item at a later date given that the sign was included in site plan approval now needs more immediate action. Staff reiterates that the Applicant took all the necessary steps and secured the proper permit from the City prior to construction. There is no damage nor immediate concern of damage to the sanitary sewer line. Staff simply wants to have the encroachment agreement in place before the sign is completed. This is a fairly standard process. 

This 75 foot tall sign with a readerboard on the top. The sign is a significant cost to the landowner, and moving the sign would also require significant cost. Staff is recommending an easement encroachment agreement to allow the sign to stay where it was originally placed, which required boring into the ground to ensure the sign remains stable and safe onsite. Staff does believe the sign is safe where it is placed, and the Engineering Department is working with the Applicant and their sign contractor to inspect under the sign to get a clear understanding of what is underground in the easements onsite.

Staff recommends approval of the easement encroachment agreement to allow the sign to be built where the base was placed.

Staff is handling this process as part of normal duties.

Staff recommends adoption of Resolution #20-137 approving an easement encroachment agreement for the sign to remain on an easement in the Subject Property.

Motion to Adopt Resolution #20-137 Approving an Easement Encroachment Agreement with Armstrong West Retail Mall, LLC for Installation and Maintenance of a Sign in a Drainage and Utility Easement