09/06/2011 Council Packet - Laserfiche WebLink

Home Search

WS — Item 1 WORK SESSION STAFF REPORT Work Session Item Date: September 6, 2011 To: City Council From: Jason Wedel, City Engineer Re: Fence Encroachment at 1205 Buckthorn Avenue Background On July 29, 2011 the City received an application for a fence permit from Michael & Tracey Jansen for their property located at 1205 Buckthorn Lane. The Fence Application included an illustration identifying the location of the fence which is proposed to be located on their property line within an existing fifteen foot drainage and utility easement on the east and north sides of their property, and within a ten foot drainage and utility easement on the west side of their property. In addition to the fence permit application, the Jansens also submitted an Easement Encroachment Agreement for the proposed fence to be located within the existing drainage and utility easements. Both of these documents are attached for your review. Drainage and utility easements are established during the plat approval process. The easements are mutually agreed to with the land developers and are established to facilitate the City's protection and maintenance of various infrastructure improvements prior to home construction beginning. The items typically located within the drainage and utility easement include sanitary sewer, watermain, storm sewer, and storm water ponds to name a few. In addition, private utility providers such as telephone, cable TV and electric can also be located with the drainage and utility easement. Typically, the City does not allow property owners to construct any improvements within the easements. However, through the Easement Encroachment Agreement application, some improvements have been permitted. The Fence Application and the associated Easement Encroachment Agreement for the above - referenced property were reviewed by City staff. During the review it was determined that there was an existing storm sewer pipe located within the drainage and utility easement on the east and north sides of the above - referenced property. The language included on the Easement Encroachment Agreement states the following: "Structural encroachment shall not be allowed on any drainage and utility easement unless the following criteria apply to said property: 1. The easement is not currently for underground utility purposes. 2. The drainage will not be affected by the approved structure or other encroachment on the easement."