7.5. SR 06-19-2017 - Laserfiche WebLink

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EOty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.5 Agenda Section Meeting Date Prepared by Public Hearings June 19, 2017 Chris Leeseberg, Senior Planner Item Description Reviewed by Resolution: Vacation of Drainage and Utility Zack Carlton,Planning Manager Easement, 18566 Queen Street Reviewed by T.John Cunningham, Fire Chief Action Requested Deny,by resolution, the easement vacation request as the area requesting to be vacated needs to be protected to preserve drainage patterns within the subdivision. Background/Discussion Case No. EV 17-02 The subject property has a 30 foot wide drainage and utility easement running the entire width of the property,parallel to the west (rear) property line. The Development Plan indicates this easement area, along with all of the properties west of Queen Street, as having critical swale and drainage elevations. The applicant is requesting an easement vacation on the subject property so they can construct a 12' x 18' (216 square foot) accessory structure on the northwest corner of the subject property. Although no legal descriptions have been submitted, the applicant is requesting the easement vacation be only for the footprint of the accessory structure (12' x 18') and a two foot apron in front of the structure. The western property line of all of the properties west of Queen Street is significantly higher than the east side of the 30 foot easement. There are currently four other properties that have accessory structures within this same 30'wide drainage and utility easement. They all appear to be less than 200 square feet in size,which do not require a building permit. Although these structures do not need a building permit, they do need to follow setbacks, ordinances, and building codes. Staff becomes aware of many of these ordinance violations after the fact,but the city does not have a process to review structures which do not require building permits. Many communities utilize a land use permit for structures and fences to ensure code compliance. Approving an easement vacation on the subject property leaves the city with a piecemeal easement along the identified drainage corridor,which would not be consistent with the plat and adjacent properties. If approved, staff has concerns with the long term impacts to the rest of the easement,which is needed to convey water away from the homes in this area. Due to the need for a contiguous easement along the entire block, staff recommends denial of the easement vacation request. POWERED 6T AR