Minutes - Council - 05/27/2008 - Board of Appeals

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Case #3: Request for Appeal from City Staff's Determination regarding the Use of Drainage and Utility Easements, Case of Nichole and Darren Tillman Community Development Director Miller stated that she received an e-mail from Nichole Tillman today stating that after meeting with staff and talking with Councilmember Jeffrey, they are willing to withdraw their petition for an appeal, if the City is willing to compromise to allow the deck stairs to encroach on the easement. She stated that they are unable to attend tonight because there. has been a death in the family. She stated that the stairs would need to be temporary or removable in case the City needed to have access to the drainage and utility easement. She stated that an encroachment agreement is still necessary, but is unsure if it should be discussed at tonight's meeting or a regular Council meeting. Chair Dehen ask~d if the pipe was 13 feet deep between the two structures shown in the pictures. Public Works Director Olson stated that it is a 3~-inch pipe that is 13 feet deep and is in the 20- foot drainage and utility easement. He stated that with the temporary stairs, there would be an agreement with the property owner that they would be responsible for removing, repairing or replacing the stairs, as necessary. Chair Dehen asked what the City's responsibility is if people put. stuff in the easement and the City goes in and wrecks the stuff. - City Attorney Goodrich stated that this is the purpose of the easements, so the City doesn't have the responsibility to repair things, so if people choose to put things there, it is at their own peril. Chair Dehen stated it appears that the homeowner already put in a retaining wall within the easement, which would also be wrecked if the City came in. City Attorney Goodrich stated that the encroachment agreement states that the City is not sanctioning this, and the presence of these things do not trump our easement. He stated that if the retaining wall was also damaged, the City would not replace it. Councilmember Jeffrey stated that he has spoken with the Tillman's about this and thinks the~e will only be two steps that will encroach, so it really is just a matter of inches. Motion by Mayor Gamec, seconded by Councilmember Look, to reverse the decision of the City staff, and allow an encroachment of deck steps into the drainage and utility easement at 14420 Iodine Street NW, provided the steps are removable and they execute an encroachment agreement with the City. Motion carried. Voting Yes: Mayor Gamec, Chair Dehen, Councilmembers Look, Jeffrey, Olson, and Strommen. Voting No: None. Absent: Councilmember Elvig. Board of Appeals / May 27, 2008 Page 7 of8