Agenda - Council - 09/13/2022 - Laserfiche WebLink

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CC Regular Session 7, 3, Meeting Date: 09/13/2022 By: Brian McCann, Community Development Information Title: Consider Resolution #22-212 Denying an Easement Encroachment Agreement for 7160 148th Ln NW (Project 22-137); Case of Demetrious and Christine Jones Purpose/Background: The purpose of this case is to consider a request from Demetrious and Christine Jones (the "Applicants") for a detached structure, and pool patio, within the property's rear drainage and utility easement at 7160 148th Ln NW (the "Subject Property"). Notification: Public notification is not required for an Easement Encroachment Agreement from the City Council. Observations/Alternatives: Summary Demetrious and Christine Jones (the "Applicants") have requested an Easement Encroachment Agreement to keep a 10' x 16' detached shed (the "Structure") for storage of personal items, within the drainage and utility easement in the rear yard of the Subject Property. The Agreement would also allow a pool patio to encroach in the easement. Subject Property The Subject Property is approximately 0.38 acres, and includes various improvements in the rear yard including a sport court (without a permit) and a below -ground swimming pool (patio constructed outside of approved plans). The Subject Property is in the R-1 Residential (MUSH) Zoning District and guided as Low Density Residential in the Comprehensive Plan. The Subject Property is surrounded by other residential properties, except to the south which is the site of Ramsey Storage Center (zoned and guided E-1 Employment / Business Park). The Subject Property has a ten (10') foot drainage and utility easement along the rear lot line. The proposed structure would encroach roughly five (5') into the southern rear yard easement. The constructed pool patio encroaches entirely into the easement (10'). The structure would meet the 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 requires that no portion of a structure may encroach on a drainage and utility easement. Structure Encroachment The requested agreement is to allow the structure and pool patio to encroach in the drainage and utility easement on the southern property line. The Applicants were informed that City Staff would not be supportive of their request during a pre -application meeting, and indicated that they are not willing to place the structure in a more suitable location on the property due to aesthetic preferences. The Applicants stated they would prefer to keep the structure in its proposed placement. The Applicants applied for a zoning permit, but did not receive approvals before purchasing the structure. Staff noted the proposed location was within an easement, contacted the Applicants about the situation, and the Applicants have withheld bringing the structure to the property until the situation has been resolved. Additionally, Staff contacted the structure manufacturer at the request of the Applicants, and was told they were relayed the standards prior to purchasing the structure.