Adopt Resolution #21-183 Denying an Easement Encroachment Agreement for an attached accessory structure in a drainage and utility easement at 16206 Sapphire St NW; Case of William Cowette (Proj. 21-119)

The City received a Building Permit Application for a deck to be constructed at 16206 Sapphire Street NW (the "Subject Property") on August 15, 2017.  The application was discussed and reviewed at the 8/22/2017 Development Review meeting. The application for a 14’ deep deck that is 35’ in length deck was denied. The property survey contains a "future deck" location outside of the drainage and utility easement (the "Easement"), whereas the application proposed a deck encroaching on the easement. In short, The Property Owner was aware of the easements onsite, was denied a permit, and built the deck anyway.

The property owner installed the deck after the denial. A code enforcement case was opened in 2017. Due to staff turnover, the case was not resumed until 2021. The Property Owner was contacted to apply for Easement Encroachment Agreement or remove the deck for the work without a permit violation. The Property Owner has chosen to apply for an Easement Encroachment Agreement to keep the deck. 

Notification is not required when considering an Encroachment Agreement.

The Property Owner is applying for an Easement Encroachment Agreement for the deck plans that were originally denied in 2017. The house is built 0.9 feet from the easement and the deck is within the easement. A wetland is in the easement and rear property. The deck does not encroach on the wetland. Planning Staff recommends approval of Resolution 21-183 denying the Easement Encroachment Agreement; authorizing the existing deck to be removed with contingency that Property Owner will be assessed for hiring a contractor should the deck not be removed in 60 days. 

All costs associated with this request are the Applicant's responsibility.

Staff recommends denying the Easement Encroachment Agreement to allow a deck to be located within the Easement on the Subject Property. 

Motion to adopt Resolution #21-183 denying an Easement Encroachment Agreement for an attached accessory structure in a drainage and utility easement at 16206 Sapphire St NW