Adopt Resolution #22-047 Approving License Agreement to Cross Public Easement with Private Driveway at 15730 Armstrong Boulevard NW; Case of Eduard Kopaygorodskiy

The City has received a request from Eduard Kopaygorodskiy (the "Property Owner") for authorization to install a driveway that would cross through an existing drainage and utility easement (which was secured as part of the Nordvik Addition plat for a future road corridor) on the currently vacant property at 15730 Armstrong Blvd NW (the "Subject Property"). In 2021, the Property Owner  sought to vacate this easement but ultimately rescinded the request. The drainage and utility easement (the "Easement") is intended for a future southerly extension of Eland St NW from where it presently terminates in a cul-de-sac north of the Subject Property. The Property Owner is instead requesting a driveway to extend from Armstrong Blvd through the easement, with the intention of constructing a single family home on the western portion of the parcel. Per the Nordvik Addition Development Agreement (applicable section attached to this case), which was approved in 2001, this is a buildable lot and access was to be from Armstrong Boulevard until such time either the Subject Property or the lot to the south were further subdivided, which would require construction of an internal public road(s) from which access would be derived. 

No notification is required.

The Property Owner originally submitted a request in early 2021 with the intention of vacating the Easement on the Subject Property and deriving access from the existing but less than full size cul-de-sac to the north for a new single family home.  At that time, the Property Owner would have had to dedicate the full cul-de-sac right-of-way on the Subject Property (but not actually construct a new cul-de-sac), which they declined.  The Property Owner is currently proposing to construct a single-family dwelling on the Subject Property, utilizing the existing curb cut from Armstrong Boulevard. There is an existing Easement running through the middle of the Subject Property, which was required as part of the Nordvik Addition plat to reserve a corridor for a future extension of Eland Street NW from the north. The Property Owner's current proposal for siting a home on the Subject Property would require the driveway to cross through this Easement.  Per the direction of the City Attorney, the Property Owner is seeking a Driveway Agreement to address this matter.

The Development Agreement for Nordvik Addition (the Subject Property is Lot 2 of this subdivision) allows the Subject Property retain and utilize the existing access to Armstrong Boulevard, until extension of Eland Street from the north and south which will require abandoning the accesses to Armstrong Boulevard NW. 

The Property Owner is aware that an Agreement will be required before he is able to receive a building permit for the home, although he is ready to apply for the building permit. The City Attorney provided the City with a template for the attached Driveway Agreement, and has reviewed and approved the agreement as to legal form.

All costs associated with recording of the Agreement shall be the responsibility of the Property Owner.

Staff recommends approving the License Agreement with Eduard Kopaygorodskiy for a private driveway to cross a public easement at 15730 Armstrong Boulevard NW.

Motion to adopt Resolution #22-047 approving a License Agreement to cross a public easement with a private driveway at 15730 Armstrong Boulevard NW.