Adopt Resolution #14-07-139 Approving an Encroachment Agreement for an Existing Accessory Structure Partially Located in a Drainage and Utility Easement at 15351 Marmoset St NW

There is an existing accessory structure (the "Structure") partially located in a drainage and utility easement (the "Easement") on the property located at 15351 Marmoset St NW (the "Subject Property"). The Easement on the Subject Property is ten (10) feet in width and the Structure currently encroaches approximately three (3) feet into said Easement.  The owners of the Subject Property have applied for a building permit to modify a portion of the Structure, which revealed the existing encroachment and resulted in the request for an Encroachment Agreement.  

No notification is required to consider an Encroachment Agreement.

The owners of the Subject Property had obtained a building permit for the Structure in 1992.  The Structure appears to have been constructed as indicated on the site plan that accompanied the building permit application.  As shown in Exhibit "A", the location of the Structure is approximately seven (7) feet from the rear property line, which satisfies the five (5) foot rear yard setback requirement for accessory structures on properties located in the R-1 Residential District. However, the structure does slightly encroach upon the ten (10) foot Easement along the rear property line of the Subject Property.

There are no public utilities within the Easement and there are no plans at present to extend public utilities through the Easement.  So, allowing the structure to remain in it's current location will not negatively impact any public utilities.  Surface drainage also will not be negatively impacted by allowing the Easement encroachment to continue.  However, the Encroachment Agreement must allow the City the ability to utilize the entire Easement should there be a need to install public utilities within the Easement in the future.

The impetus for the Encroachment Agreement is the Property Owner intends to fully enclose the Structure, as half of it is sheltered above (roof) but lacking walls. The Encroachment Agreement would allow this type of construction, but prohibit expansion of the Structure's footprint further into the Easement.

Alternatives

Option 1: Approve Resolution #14-07-139 Granting an Encroachment Agreement for an Existing Accessory Structure Partially Located in a Drainage and Utility Easement. Without proper consideration of the Structure's location in relation to the Easement, the City granted approval of its construction and it has existed in its current location for over twenty (20) years without any documented incidents.  As long as the Structure's footprint is maintained in it's present state, the Encroachment Agreement will protect the Easement from further encroachment and allow the Property Owner to use, maintain, and modify the Structure, upon approval of any required permits, without needing to address this particular issue. Staff supports this option.

Option 2: Do not approve Resolution #14-07-139 Granting an Encroachment Agreement for an Existing Accessory Structure Partially Located in a Drainage and Utility Easement. The Structure has been in its current location for over twenty (20) years without any documented incidents. If the Encroachment Agreement is not approved, it will result in the Structure 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 #14-07-139 approving an encroachment agreement for an existing accessory structure partially located in a drainage and utility easement at 15351 Marmoset St NW.

Motion to approve Resolution #14-07-139 granting an Encroachment Agreement for an existing accessory structure partially located within a drainage and utility easement at 15351 Marmoset St NW.