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Motion by Commissioner VanScoy, seconded by Commissioner Brauer, to close the public <br /> hearing. <br /> Motion Carried. Voting Yes: Vice Chairperson Bauer, Commissioners VanScoy, Brauer, <br /> Andrusko, and Nosan. Voting No: None. Absent: Chairperson Levine and Commissioner <br /> Maul. <br /> Vice Chairperson Bauer closed the public hearing at 8:42 p.m. <br /> Commission Business <br /> Community Development Director Gladhill discussed the property and its delineation. Staff did <br /> not believe Mr. Gleb had a wetland encroachment. He reported that if the Commission required <br /> additional information staff would have to report back at a future meeting. <br /> Commissioner Brauer stated the issue at hand was not the wetland or the retaining wall, but <br /> rather that the shed encroached on the easement. <br /> Community Development Director Gladhill commented this was the case. <br /> Commissioner Andrusko questioned how the Commission has handled easement encroachment <br /> issues in the past. <br /> Community Development Director Gladhill indicated encroachment agreements have been <br /> reached in the past with property owners, however, this was not the standard for drainage and <br /> utility easements. <br /> City Planner Anderson provided further comment on encroachment agreements that have been <br /> approved by the City Council in the past. He noted these agreements were generally for portions <br /> of a driveway, deck or stairway and not for a structure with a foundation. <br /> Vice Chairperson Bauer asked what year the shed was built. <br /> Mr. Gleb stated the shed was constructed in either 2010 or 2012. <br /> Commissioner Brauer recalled that a garden was constructed over an easement and the City <br /> required this homeowner to remove the garden from the easement. In addition, he recalled a <br /> resident that was storing miscellaneous items on an easement and the items had to be moved. <br /> Commissioner VanScoy asked if the engineering department had assessed the impact of the <br /> encroachment onto this utility easement. <br /> Community Development Director Gladhill explained that an assessment had not been <br /> completed due to the fact a variance was also required. He reported that if the variance were to <br /> proceed, an assessment would be completed by staff <br /> Planning Commission/October 15,2015 <br /> Page 10 of 17 <br />