Resolution - #21-183 - 08/10/2021

Home

Councilmember Musgrove introduced the following resolution and moved for its adoption: RESOLUTION #21-183 RESOLUTION APPROVING AN EASEMENT ENCROACHMENT AGREEMENT FOR AN ATTACHED ACCESSORY STRUCTURE IN A DRAINAGE AND UTILITY EASEMENT AT 16206 SAPPHIRE STREET NW WHEREAS, William Cowette III, hereinafter referred to as the “Applicant,” have requested an Easement Encroachment Agreement to maintain an existing thirteen foot by thirty- foot (13’ x 30’) Deck (the “Deck”) within a drainage and utility easement (the “Easement”) on the property legally described as follows: Lot 14, Block 2 Sweetbay Ridge (the “Subject Property”). WHEREAS , during review of an open code enforcement case, it was discovered that there is an existing, detached accessory structure located within the Easement; and WHEREAS, the Applicant applied for a deck and was denied in August 2017; and WHEREAS , the Deck has been placed without a permit since ordinance adopted requiring building permit for accessory structures; and WHEREAS, the principle structure building plans did include a future option for a deck out of the easement; and WHEREAS, the Applicant has a unique property with a large Drainage and Utility Easement; and WHEREAS, the Applicant installed the deck on the property without a building permit. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1)That the Applicant can continue to maintain the Deck within the Easement contingent upon: a)The Applicant entering into an Easement Encroachment Agreement with the City and recording said agreement against the Subject Property; and b)Review and approval of the Easement Encroachment Agreement by the City Engineer to ensure the Easement can still function as intended. 2)That the Applicant shall not further encroach on the Drainage and Utility Easement without written consent from the City.