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

Home

Pool Patio Encroachment A pool permit was approved in 2006 for the construction of the pool in the rear yard. The plan did not include a concrete patio that encroaches into the rear drainage and uiltiy easement, as well as the rear setback requirement for the R-1 (MUSA) district. The Applicants are proposing to include the patio encroachment with the structure encroachment in the agreement. If the Easement Encroachment Agreement is approved, the Applicants will need to apply for a Variance to the rear setback from the Planning Commission, and receive a zoning permit with after -the -fact fees applied (twice the permit fee) for the patio addition. Aerial photos, a copy of the permit, and the approved pool plan are attached to this case.are attached to this case for reference. Sport Court Aerial photography shows a playground and sandbox in 2011, and a sport court in 2014. Sport courts and other impervious surfaces require a zoning permit at time of construction, and this was the same standard when the playground was converted between 2011 and 2014. A zoning permit will be required for the sport court with after -the -fact fees applied (twice the permit cost), regardless of the outcome for the Easement Encroachment Agreement. Aerial photos are attached to this case for reference. City Code Sections • 105-55 (Swimming Pools and Spas -Accessory Uses and Buildings) • 117-349 (Accessory Uses and Buildings) • 117- 111 (R- 1 Residential District). Alternatives Alternative 1: Deny the request for an Easement Encroachment Agreement for the structure and pool patio. The Applicant purchased the structure prior to receiving approvals, and were relayed this standard according to their structure manufacturer. The pool patio was constructed outside of approved plans associated with the pool permit in 2006. The sport court was also constructed without a zoning permit between 2011 and 2014, and will require a permit to resolve this. City Staff are supportive of this alternative. Alternative 2: Approve the Easement Encroachment Agreement for the structure and pool patio within the rear drainage and utility easement on the Subject Property. The Applicants would be allowed to proceed with the proposed location for the structure in the rear drainage and utility easement, and for the pool patio construction that does not meet approved plans for the pool from 2006. The Applicants would be required to apply for permits for the pool patio and sport court. A Variance would be required for the rear setback for the pool patio, and after -the -fact fees (twice the permit cost) would be applied for permits for the sport court and pool patio permits. City Staff are not supportive of this alternative. Funding Source: The Applicant is responsible for all costs associated with this project and review. Recommendation: City Staff recommend adopting Resolution #22-212 denying an Easement Encroachment Agreement at 7160 148th Ln NW. Action: Motion to adopt Resolution #22-212 denying an Easement Encroachment Agreement for at 7160 148th Ln NW. Attachments Site Location Map Land Use Application Aerial Photos (2005-2020) Approved Pool Permit and Plans