Adopt Resolution #14-06-119 Approving an Encroachment Agreement for a Proposed Driveway Extension Partially Located in a Drainage and Utility Easement at 5186 146th Cir NW

The owner of property located at 5186 146th Cir NW (the "Subject Property") is proposing to construct an extension from an existing driveway to an existing detached garage. The driveway extension will encroach upon a drainage and utility easement (the "Easement") on the Subject Property and the setback required for driveways in R-1 Residential Districts (the "Setback"). On June 5, 2014, a Variance to the Setback was approved, allowing the driveway extension to encroach upon the Easement by three (3) feet.

No notification is required to consider an Encroachment Agreement.

The existing detached garage on the Subject Property was constructed almost ten (10) years ago, several prior to the adoption of driveway requirements for accessory buildings. The Property Owner is proposing to access the detached garage with an extension from an existing driveway, which encroaches upon the setback requirement for driveways as shown in Exhibit "A." A Variance to the Setback was approved by the Ramsey Planning Commission on June 5, 2014.

The encroachment has been reviewed by the Engineering Division. So long as the Property Owner maintains positive drainage on the Subject Property and existing grades at the property line, they are comfortable with the encroachment. An Encroachment Agreement has been drafted to reflect those requirements and obligates the Property Owner to achieve those drainage standards. The Encroachment Agreement also stipulates that the Property Owner is responsible for demolishing the portion of the driveway in the easement and all of its associated costs should maintenance or installation of utilities in the easement be necessary.

Owners of the neighboring property to the north have provided written support for the Property Owner's proposal for the driveway extension (Exhibit "B").

Alternatives

Option 1: Approve Resolution #14-06-119 Approving an Encroachment Agreement for a Proposed Driveway Extension Partially Located in a Drainage and Utility Easement. City Staff has reviewed the existing encroachment and has no concerns with it.

Option 2: Do not Approve Resolution #14-06-119 Approving an Encroachment Agreement for a Proposed Driveway Extension Partially Located in a Drainage and Utility Easement. If Encroachment is not approved, the Property Owner will be unable to access his detached garage. This is a legal nonconforming use that would be eliminated with the extension of the driveway.

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 #14-06-119 approving an Encroachment Agreement for a Proposed Driveway Extension Partially Located in a Drainage and Utility Easement at 5186 146th Cir NW.

Adopt Resolution #14-06-119 Approving an Encroachment Agreement for a Proposed Driveway Extension Partially Located in a Drainage and Utility Easement at 5186 146th Cir NW.