Adopt Resolution #21-120 Approving an Easement Encroachment Agreement for the Property Located at 5410 149th Lane NW (Project No. 21-115): Case of Jake and Kathrine LaFlair

The City received an application for a Building Permit from Jake and Kathrine LaFlair (the "Property Owner") for a sixteen foot (16') diameter above ground swimming pool (the "pool") to be installed at 5410 149th Lane NW (the "Subject Property").  The proposed pool would be located within a drainage and utility easement (the "Easement") that encumbers approximately the eastern 2/3 of the Subject Property.  As part of the review process, Staff noted that there is an existing 8' x 12' shed (the "shed") on the Subject Property that is also within the Easement.

Notification is not required.

The Property Owner acquired the Subject Property within the past year.  In reviewing aerial images, the shed appears to have been installed on the Subject Property sometime between 2008 and 2011 (by a previous owner).  There is no Zoning Permit on file for the shed.  The Shed is elevated on blocks approximately one (1) foot above grade and is not on any sort of impervious slab.  Staff is not aware of any complaints or concerns regarding the current location of the Shed.

The proposed pool would be located just east of the beginning of the Easement.  There do not appear to be any permanent fixtures with the pool (e.g. it is portable and, if drained, could easily be relocated if necessary).

The Easement appears to be in place due to a large wetland complex between the Subject Property and State Trunk Highway 47 (aka St. Francis Boulevard).  This is not a stormwater pond and there does not appear to be any infrastructure in the vicinity that the City would need to access for maintenance purposes. (Note: the attached aerial photo can be deceiving - the darkened spots in the area of the pool has been confirmed NOT to be ponding or wetlands, but is actually topsoil placed to establish better turf). 

Recording of the Easement Encroachment Agreement is the responsibility of the Property Owner.

Staff recommends approving the Easement Encroachment Agreement.

Motion to adopt Resolution #21-120 approving an Easement Encroachment Agreement for an above ground swimming pool and an existing shed at 5410 149th Lane NW.