Agenda - Council - 06/14/2022 - Laserfiche WebLink

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CC Regular Session 7. 2. Meeting Date: 06/14/2022 By: Brian McCann, Community Development Information Title: Reconsider Denial of an Easement Encroachment Agreement for 16306 Lithium St NW(Project 22-122); Case of Igor Zhelayskyi Purpose/Background: The Applicant has requested a reconsideration of the request due to technical issues at the regular meeting on May 24th, 2022. The Applicant was unable to connect remotely and present his case directly to the Council. The Council ultimately denied the encroachment agreement request. Information from previous case. The purpose of this case is to consider a request from Igor Zhelayskyi (the "Applicant") for a detached structure to continue to be placed within the property's drainage and utility easement near the west and south property lines of the property at 16306 Lithium St NW(the "Subject Property"). The Subject Property is approximately 0.31 acres. The currently placed building is a 10 x 12 foot shed to store items. The Subject Property is in the R-1 Residential (MUSA)Zoning District and guided as Low Density Residential in the Comprehensive Plan. The Subject Property is surrounded by other residential properties. Notification: Public notification is not required for an Easement Encroachment Agreement from the City Council. Observations/Alternatives: Summary Igor Zhelayskyi (the "Applicant")has requested an Easement Encroachment Agreement to keep a 10'x 12' detached shed(the "Structure")within the drainage and utility easement of the Subject Property. The Subject Property is surrounded by a ten(10') foot drainage and utility easement; the structure would encroach roughly four (4')into the southern side yard easement, and five (5') feet into the western rear yard easement. The structure meets accessory structure setback requirements of the R-1 (MUSA)Zoning District,but requires the agreement to remain within the drainage and utility easement. Section 117-349 of City Code regarding Accessory Uses and Buildings does note that no portion of a structure may encroach on a drainage and utility easement. The requested agreement is to allow the structure to encroach in the drainage and utility easement on the western and southern property lines. The Applicant was informed that City Staff would not be supportive of their request, and they were not willing to move the structure to another location on the property due to location of irrigation system lines. The Applicant would prefer to keep the structure in its current placement,which was not approved by City Staff and did not receive a permit prior to its construction. The City discovered and enforced the structure through the code enforcement process, and the encroachment agreement was provided as a potential course for resolution to the case. The Applicant responded to the City's code enforcement process in a reasonable amount of time, and has properly applied for a zoning permit which is currently in review. The proposed location met setbacks,but did not stay outside of easements. The Applicant was then informed to apply for the agreement as a potential resolution. Multiple City departments reviewed this request as part of Development Review, and are not supportive of it. City Council-May 24,2022