Agenda - Council - 06/08/2021 - Laserfiche WebLink

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CC Regular Session 7, 1, Meeting Date: 06/08/2021 By: Chris Anderson, Community Development Information Title: Adopt Resolution #21-163 Providing Staff Direction Regarding Easement Encroachment at 15564 Iodine St NW; Case of Joyce Rogito Purpose/Background: City Staff received a complaint about a potential wetland violation at 15564 Iodine Street NW (the "Subject Property"). On Tuesday, May 18, City Staff inspected the Subject Property, verified that fill was being imported and graded to elevate and level out the rear yard. The landscape contractor was instructed to stop work due to concern with potential wetland fill and/or fill within a drainage and utility easement. Since that date, the property owner, Joyce Rogito (the "Property Owner") has been in discussion with City Staff attempting to find a solution that would allow their project to proceed in time to host a graduation party on June 27, 2021. Time Frame/Observations/Alternatives: The Property Owner is attempting to create a larger, level, usable area in the rear yard to host a graduation party for their daughter. The Subject Property is in Wildlife Sanctuary 2nd Addition and backs up to a large wetland complex. The majority of the rear yard is encumbered with drainage and utility easement (the "Easement"). The purpose of this Easement is to accommodate drainage for the subdivision, as well as for 'bounce' oftentimes associated with wetlands. While some of the earthwork has occurred outside the Easement boundary, it appears that a significant portion of the work has or will be done within the Easement, held by the City. On May 24, 2021, Engineering Staff, along with a Wetland Specialist with the Anoka Conservation District (ACD), met with the Property Owner on the Subject Property. The primary outcome of that on site meeting was that the fill/earthwork was not within a wetland. However, once the plat was reviewed, it was discovered that the majority of the rear yard was encumbered with Easement (see attached exhibit and survey), which prompted communication to the Property Owner stating that no further work could occur and that the disturbed areas would need to be restored to prior condition and vegetation reestablished for erosion control or Council Approval would be required to continue the project. Please note, that in order for the City Council to allow the project, certain stormwater modeling will be required to ensure that runoff is not redirected to other properties. Staff have met with the Property Owner multiple times since to explore potential solutions. Engineering Staff staked the boundary of the Easement on Wednesday, June 2, to assist both the Property Owner and Staff in understanding and assessing just how much of the work has occurred within the Easement. Staff has outlined some short and long term possible options to resolve this issue. Please note that this subdivision was approved in the past under older standards. This is not a unique situation from early 2000s development whereby the lot appears to be larger, but only a small portion is buildable. The City has since adopted minimum buildable area and buildable depth because of situations just like this. The City ensures that there is adequate rear yards that are not encumbered with this type of easement (still may be easements in rear yard, but require more buildable area than seen in this example). Short term options (to facilitate the graduation party as planned) include: • Seeing if one of the City's park pavilions may be available on the schedule date of the graduation party to serve as the host site.