Adopt Resolution #21-129 Approving an Easement Encroachment Agreement for the Property Located at 6141 145th Lane NW: Case of Chad and Shuck Lennander

During inspection of an open violation complaint, City Staff discovered existing detached accessory building located within a rear yard drainage and utility easement. According to the homeowner, the existing 10' by 14' shed (the "shed") has been in place since 1996, prior to the use of zoning permits for accessory structures; however, the drainage and utility easement and associated regulations have been in place prior to 1996. The City started using zoning permits to track these types of structures in response to numerous issues like this throughout the City, in order to help residents determine where they could put structures. This structure was not caught until recently. Staff is comfortable with allowing the structure to stay in the easement, so long as the owner signs the attached Easement Encroachment Agreement, agreeing to remove the structure if it's ever needed by the City or any utility company.

Notification is not required.

The Property Owner acquired the Subject Property after the shed was placed on Easement in 1996. There is no Zoning Permit on file for the shed as installation was prior to zoning ordinance requirement.  The Shed is elevated on cement pad. Staff is not aware of any complaints or concerns regarding the current location of the Shed. The Easement appears to be in place due to a stormwater pond between the Subject Property and Sunwood Drive.

Staff recommends approval of the easement encroachment agreement, which will allow the homeowner to keep the Shed, but also cover the City's bases in relation to the easement. Recording of the Easement Encroachment Agreement is the responsibility of the Property Owner.

 

Motion to adopt Resolution #21-129 approving an Easement Encroachment Agreement for an existing shed at 6141 145th Lane NW.