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<br />Mr. Cowette stated City staff notified him that this encroachment would set a precedent for other <br />opportunities for people to not be held to the same standards. He added there are no other <br />properties in his neighborhood that are as close to the easement as his home, which is 9 inches. <br />He noted he did not have any other options to make the deck work on his property other than <br />encroaching on the easement. <br /> <br />Commissioner Woestehoff stated the Planning Commission reviewed a similar case last week in <br />this same neighborhood regarding a drainage and utility easement. He added this case will be <br />reviewed by the City Council at their next meeting, and Mr. Cowette’s property situation is not <br />unusual. He asked whether the width of the easement, which appears to be large, is related to the <br />fact that it is wetland, or is it due to utilities. <br /> <br />City Engineer Bruce Westby showed aerial views of the back yard, showing the deck, graded yard <br />and established turf, as well as the line of vegetation. He added the encroachment coincides with <br />the wetland. He noted he is not aware of any public utilities in the back lot line, and he is unsure <br />whether there are private utilities. He agreed the easement is related to the existing wetland. <br /> <br />Councilmember Heineman asked whether it would still be considered an encroachment if any <br />portion of the deck hangs over the easement but does not touch the ground, and if the footings are <br />out of the easement area. <br /> <br />Senior Planner McGuire Brigl stated any portion of structure overhanging an easement is <br />considered an air easement, and is still an encroachment. <br /> <br />Councilmember Heineman stated the home seems to be very close to the easement to begin with. <br />He asked whether there is a required setback for how close a house can be built to an easement. <br /> <br />Senior Planner McGuire Brigl stated building can occur right up to the easement line. She added <br />City Staff are seeing many tight properties in Ramsey with similar compliance issues. <br /> <br />Councilmember Heineman stated the applicant indicated that the deck was already built before he <br />was notified that he needed a building permit. He added City Staff have indicated that the work <br />began after the applicant was notified that a building permit was required. He requested <br />clarification on these two different accounts of the situation. He asked whether City Staff believes <br />the resident is recalling events correctly, and that the work had already been done before it was <br />brought to their attention. <br /> <br />Zoning Code Enforcement Officer Raines stated there was a lot of staff turnover beginning around <br />2017, and she was not on staff at that time. She added she has based her understanding of this case <br />from written reports. She noted it is possible that the applicant has correctly presented the <br />sequence of events. <br /> <br />Councilmember Heineman stated, while it is important to avoid setting a precedent, the applicant <br />has completed research with regard to wetland delineation and buffers and has put in the effort in <br />terms of due process and due diligence to comply with City requirements. He added, due to the <br />size and nature of the lot, the 5 footings that were placed in the easement will not divert water or <br />City Council / July 27, 2021 <br />Page 13 of 25 <br /> <br /> <br />