08/08/2011 Council Packet - Laserfiche WebLink

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City Counsel Request for Consideration Respectfully submitted by Tracey and Mike Jansen 1205 Buckthorn Lane, Lino Lakes, MN 55038 651 - 414 -0100 Request: To grant homeowner easement encroachment agreement on property's existing easement for the purpose of the construction of removable fence on or near homeowner's property line (north and east side of property). Homeowner believes current policy requiring construction of removable fence 15 feet from property line is not the only solution to achieving necessary access and that doing so would result in homeowner's significant loss of property use (fenced area). History: • City representative called homeowner on 8/2/11 in response to permit request to construct removable fence on or near property line. Message to home owner: removable fence must be 15 feet in from property line. • Request made from homeowners to city engineer on 8/2/11 to consider granting of permission to construct removable fence on or near homeowner property line. • City engineer visited property on 8/3/11 and met with homeowners via phone to communicate decision to hold enforcement of fence construction 15 feet in from property line. • Homeowner met via phone with city administrator who upheld city engineer's decision and instructed homeowner to petition city council. Understood City Goal /Interest: To have access to easement as needed in the event of emergency or routine maintenance. Homeowner Goal /Interest: To provide access to easement as needed in the event of emergency or routine maintenance. Understood City Risks Associated with Granting Removable Fence Approval: • Routine and emergency access: ability to access in the event of needed maintenance or emergency servicing. • Future homeownerf-expectations regarding responsibility should the need arise for the removal of the entire fence or a portion of. • Precedence: policy enforcement to date. Homeowner Risks of Not Being Granted Removable Fence Approval: • Safety: community members using the property's adjoining path frequently and routinely allow dogs, unfamiliar to the family, to run through and in home owner's property. This puts home owner's three young children at great risk (3 year old and 2 year old twins). • Safety of community member's children: path users have lost control of kids who enter our property to explore. This puts homeowner at liability risk. • Traffic on 12th street is not monitored and perpetual speeding by those who frequent the road puts home owner's very small children at risk.