Adopt Resolution Approving Drainage and Utility Easement Encroachment for Eave Overhangs in the Riverstone Subdivision; Case of Capstone Homes/Riverstone Development, LLC

The purpose of this case is to authorize a minor encroachment of easements within the Riverstone subdivision. The encroachment would be eave overhangs of homes, not any other part of the structure.

This encroachment was not anticipated during plat review. However, the City is experiencing this request on subdivisions with smaller lots. Zoning Code setbacks are measured to the foundation of the home, not the eave overhang. Recent improvements to the City's plan review process have brought to light a need to update design standards for projects with smaller lots. This topic is discussed later in this case. It is noted that this type of encroachment has been allowed in the past, but there is some perceived conflicting language in City Code.

Notification is not required.

On a standard R-1 Residential District Lot, the setbacks are greater in size that drainage and utility easements themselves. A standard side yard easement is five (5) feet in width. The side yard setback is either six (6) feet or ten (10) feet in width.

As the market demand is producing a product type that our Zoning Code has not yet been amended to match, the Planned Unit Development (PUD) tool is often utilized. Unfortunately, it wasn't anticipated by the City nor disclosed by the Developer that the intent was to have the eave overhangs encroach into drainage and utility easements.

These drainage and utility easements are standard for drainage purposes. There is no known underground infrastructure in the easements in question (all side yard easements). Staff feels comfortable that adequate spacing is available for any necessary maintenance, which is likely to be little to none. To the extent possible, Staff will ask that the Developer provide a model that does not have this encroachment. However, from time to time, it will be necessary to allow said encroachment.

Moving forward, Staff will be forwarding an Ordinance amending City Code to prevent this type of encroachment from occurring again. The recommended solution is a four (4) foot easement with a five (5) foot minimum side yard setback. This appears to be an adequate compromise that will ensure proper drainage. This tool would be employed with future phases of Riverstone, so only the approximately 50 lots of Phase 1 (293 in total) would be impacted.

All costs with processing this request are the responsibility of the Applicant.

Staff recommends approval of this request based on past practice and updates to overall City Code design standards over the winter.

Motion to adopt Resolution #17-10-278 approving drainage and utility easement encroachments in the Riverstone subdivison.