Resolution - #22-114A - 06/14/2022

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Councilmember Heineman introduced the following resolution and moved for its adoption: RESOLUTION #22-114A RESOLUTION DENYING AN EASEMENT ENCROACHMENT AGREEMENT FOR A DETACHED ACCESSORY STRUCTURE IN A DRAINAGE AND UTILITY EASEMENT AT 16306 LITHIUM ST NW WHEREAS, Igor Zhelayskyi, hereinafter referred to as the "Applicant,"has requested an Easement Encroachment Agreement(the"Agreement")to maintain an existing ten foot by twelve (10' x 12') detached accessory structure (the "Structure") within a drainage and utility easement (the "Easement") on the property legally described as follows: Lot 1 Block 2 Estates of Silver Oaks 2nd Addition, Anoka County, Minnesota (the "Subject Property"). WHEREAS, the placement within the drainage and utility easement would require an Easement Encroachment Agreement, approved by the City Council; and WHEREAS,the Applicant has a standard ten(10') foot Drainage and Utility Easement in the side yard; and WHERAS, the City Council reviewed the request for an Easement Encroachment Agreement on the Subject Property for the Structure during their regular meeting on May 24,2022; and WHEREAS, the City Council motioned to reconsider the request during their regular meeting on June 14, 2022. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1) That the request for an Easement Encroachment Agreement for an accessory structure to encroach into the drainage and utility easement is hereby denied due to the following: a. There is ample room around the property for the structure to be located; and b. Irrigation lines can be easily capped or removed to resolve the irrigation concern. 2) The Applicant has until August 1, 2023 to move the structure to an area outside of easement, without further code enforcement actions taken by the City related to the Structure.