Adopt Resolution #14-06-115 Approving an Encroachment Agreement for an Existing Deck Partially Located in a Drainage and Utility Easement at 5590 148th Lane

In 1995, the City processed and approved a building permit for a deck on the property located at 5590 148th Lane NW (the "Subject Property").  The current owner of the Subject Property recently submitted a building permit application to add guard rails and a staircase to the existing deck.  As part of that review, it was discovered that the original deck was partially located within a drainage and utility easement (the "Easement") on the Subject Property.

No notification is required to consider an Encroachment Agreement.

The existing deck on the Subject Property appears to encroach four (4) feet into the Easement.  The Easement width on the Subject Property is ten (10) feet, but has an overall width of twenty (20) feet (a portion of the Easement is on the adjacent property to west).  The extra width of the Easement is due to a storm sewer pipe that carries drainage from 148th Lane to a wetland area in the rear of the Subject Property.  There have not been any documented issues with the storm sewer pipe resulting from the deck encroachment.

In reviewing this matter with the Engineering Department, it was requested that the proposed stairway be repositioned, if possible, to prevent any further encroachment into the Easement.  The owner of the Subject Property has reconfigured the design of the stairway so that it does not encroachment into the Easement at all.  The existing deck and proposed stairway comply with all other zoning standards.

The encroachment has been reviewed by the Engineering Department and they are supportive of executing an Encroachment Agreement to address this existing encroachment.

Alternatives:

Option #1: Approve Resolution #14-06-115 approving an Encroachment Agreement for an existing deck that partially encroaches into a drainage and utility easement.  A Building Permit was originally issued for the deck; however, there is no record of a site plan indicating the location of the deck on the Subject Property.  However, the deck has been in place since 1995 and there have been no documented issues as a result of the encroachment.  The current owner of the Subject Property has demonstrated willingness to reconfigure the proposed new stairway to avoid additional encroachment in the easement area.  City Staff has reviewed the existing encroachment and is supportive of correcting this through an Encroachment Agreement, which specifies responsibilities should work be necessary within the easement area. Staff supports this option.

Option #2: Do not approve Resolution #14-06-115 granting an Encroachment Agreement for an existing deck partially encroaching in a drainage and utility easement.  The deck has been in place since 1995 without creating any documented issues with either the storm sewer pipe or drainage. If the Encroachment Agreement is not approved, it will result in the deck needing to be either modified to eliminate the encroachment or removed entirely. Staff does not support this option.
 

The preparation of this case is being handled as part of Staff's regular duties; however, should the Encroachment Agreement be approved, it will need to be recorded against the Subject Property and that cost would be the responsibility of the property owner.

City Staff recommends approving Resolution #14-06-115 approving an Encroachment Agreement for an existing deck that partially encroaches into a drainage and utility easement on the property located at 5590 148th Lane NW.

Motion to adopt Resolution #14-06-115 approving an Encroachment Agreement for an existing deck that partially encroaches upon a drainage and utility easement on the property located at 5590 148th Lane NW.