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<br />Case 0 <br /> <br />REQUEST FOR APPEAL FROM CITY STAFF'S DETERMINATION REGARDING <br />THE USE OF DRAINAGE AND UTILITY EASEMENTS: <br />CASE OF NICOLE AND DARREN TILLMAN <br />By: Breanne DaInes, Associate Planner <br /> <br />Background/O bservations: <br /> <br />On April 25, 2008, Nicole and Darren Tillman submitted a building permit to construct a deck on <br />their home located at 14420 Iodine Street. The deck is designed with a 5 foot wide walkway <br />("catwalk") along the side of the home. The catwalk provides access to the full deck area on the <br />rear of the home. There is a 10 foot drainage and utility easement along the side property lines. <br />The deck footings and support structure do not encroach the easemen( However, a portion of the <br />deck floor .cantilevers beyond the support structure and overhangs into the drainage and utility <br />easement by approximately 16 inches over a span of 16 feet. The deck floor is about 1 foot off <br />the ground. <br /> <br />The easement on the Tillman's property is a portion of a 20 foot easement that contains a 30 inch <br />stormwater pipe that is 13 feet deep. This serves to discharge runoff to a pond in the Tillman's <br />rear yard. A large portion of the property is located in drainage and utility easements. <br /> <br />The following exhibits are included, for your information: <br /> <br />1) Letter from Nicole and Darren Tillman <br />2) Exhibit from Nicole and Darren Tillman <br />3) Survey of the property <br />4) Email from Nicole Tillman <br />5) Proposed findings of fact <br /> <br />On May 21, 2008, the City received a letter requesting an appeal to City Staffs interpretation <br />that no structures, including cantilevers are permitted within drainage and utility easements. <br /> <br />Funding Source: <br /> <br />Section 9.03.09 of City Code states that the City Council establish a fee for an appeal action by <br />City Council resolution. To date, no fee has been established. <br /> <br />Staff Recommendation: <br /> <br />Staff recommends upholding the decision of the Public Works Director that no structures, <br />including cantilevers are allowed in this drainage and utility easement. When the existing pipes <br />needs replacement or repair, the entire easement will be needed to access a pipe of this size and <br />depth. <br /> <br />-13- <br />