Adopt Resolution #20-230 Approving Drainage and Utility Easement Encroachment for Eave Overhangs in the Riverstone Subdivision; Case of Capstone Homes/Riverstone Development, LLC

The purpose of this case is to review an easement encroachment request from Capstone Homes/Riverstone Development, LLC (the "Applicant"). The Subject Properties for which an easement encroachment agreement is requested are for  Lots 16 & 17, Block 1, Riverstone 4th (15174 and 15182 Quintana Court respectively). The request is to allow a one foot overhang into the 10 foot side yard drainage and utility easement. This agreement allows them to overhang into this area with the understanding that the easement can still function with the one foot overhang into the ten foot drainage and utility easement. This is larger than a standard easement due to subgrade utilities and this represents a unique situation. 

No notification is required.

The majority of the setbacks throughout the Riverstone Development are 4 foot side yard easements to align with the 5 foot side yard setback and a one foot overhang. There are two lots at this time with a ten foot side yard drainage and utility easement where the proposed house is entirely outside of the easement, but the overhangs of the home are proposed one foot into the easement. Staff has approved the model homes, and previously anticipated this type of overhang, which is why the side yard easements throughout the development were reduced to 4 foot overhangs, however this specific easement was not caught during project review.

The Planning and Engineering Departments have reviewed this request and are supportive.

All costs with processing this request are the responsibility of the Applicant.

Staff recommends approval of this request.

Motion to adopt Resolution #20-230 approving drainage and utility easement encroachments in the Riverstone subdivison.