Adopt Resolution #21-163 Providing Staff Direction Regarding Easement Encroachment at 15564 Iodine St NW; Case of Joyce Rogito

City Staff received a complaint about a potential wetland violation at 15564 Iodine Street NW (the "Subject Property").  On Tuesday, May 18, City Staff inspected the Subject Property, verified that fill was being imported and graded to elevate and level out the rear yard.  The landscape contractor was instructed to stop work due to concern with potential wetland fill and/or fill within a drainage and utility easement.  Since that date, the property owner, Joyce Rogito (the "Property Owner") has been in discussion with City Staff attempting to find a solution that would allow their project to proceed in time to host a graduation party on June 27, 2021.

The Property Owner is attempting to create a larger, level, usable area in the rear yard to host a graduation party for their daughter.  The Subject Property is in Wildlife Sanctuary 2nd Addition and backs up to a large wetland complex.  The majority of the rear yard is encumbered with drainage and utility easement (the "Easement").  The purpose of this Easement is to accommodate drainage for the subdivision, as well as for 'bounce' oftentimes associated with wetlands.  While some of the earthwork has occurred outside the Easement boundary, it appears that a significant portion of the work has or will be done within the Easement, held by the City. 

On May 24, 2021, Engineering Staff, along with a Wetland Specialist with the Anoka Conservation District (ACD), met with the Property Owner on the Subject Property.  The primary outcome of that on site meeting was that the fill/earthwork was not within a wetland. However, once the plat was reviewed, it was discovered that the majority of the rear yard was encumbered with Easement (see attached exhibit and survey), which prompted communication to the Property Owner stating that no further work could occur and that the disturbed areas would need to be restored to prior condition and vegetation reestablished for erosion control or Council Approval would be required to continue the project. Please note, that in order for the City Council to allow the project, certain stormwater modeling will be required to ensure that runoff is not redirected to other properties. 

Staff have met with the Property Owner multiple times since to explore potential solutions. Engineering Staff staked the boundary of the Easement on Wednesday, June 2, to assist both the Property Owner and Staff in understanding and assessing just how much of the work has occurred within the Easement.  Staff has outlined some short and long term possible options to resolve this issue. 

Please note that this subdivision was approved in the past under older standards. This is not a unique situation from early 2000s development whereby the lot appears to be larger, but only a small portion is buildable. The City has since adopted minimum buildable area and buildable depth because of situations just like this. The City ensures that there is adequate rear yards that are not encumbered with this type of easement (still may be easements in rear yard, but require more buildable area than seen in this example). 

Short term options (to facilitate the graduation party as planned) include:

• Seeing if one of the City's park pavilions may be available on the schedule date of the graduation party to serve as the host site.
• Connecting with Public Safety Staff about options for a 'block party' type of set up in which Iodine Street may be shut down during the party (the Property Owner expressed concerns of hosting the graduation party in the side/front yard due to kids running around and possibly into the street).

Long term options may include:

• Running a stormwater model to determine if the proposed fill would actually impact the functionality of the Easement (e.g. would it push water outside of Easement area on surrounding properties).  If not, could potentially allow work to proceed with City Council approval.
• Replacing drainage capacity elsewhere on the Subject Property (digging lower area to collect more stormwater).  This would require dedicating new drainage and utility easement on the Subject Property and likely vacating a portion of the existing Easement.

Alternatives

Alternative 1: Direct Staff to work with the Property Owner by preparing and running a Stormwater Model to determine whether the existing and proposed fill would impact the designed functionality and drainage capacity of the existing Easement.  If it is determined that the fill would not jeopardize the Easement's function, direct the Property Owner to obtain an Administrative Grading Permit and complete the earthwork.  It is estimated that would take 2-3 hours of Staff time to complete. 

Alternative 2: Similar to above, but require the Property Owner to hire their own engineer to complete the modeling.

Alternative 3: Direct Staff to pursue corrective actions including removal of imported fill and restoration to previous condition.

This is currently being handled as part of Staff's regular duties.

Based on discussion.

Based on discussion.  Motion to adopt Resolution #21-163 providing Staff Direction (work with Property Owner on a compromise solution -OR- restore easement to original condition) regarding fill imported and placed in drainage and utility easement at 15564 Iodine St NW.