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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 />