09/26/2011 Council Packet - Laserfiche WebLink

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• • • WS — Item 1 WORK SESSION STAFF REPORT Work Session Item Date: September 26, 2011 To: City Council From: Jason Wedel, City Engineer Re: Fence Encroachment at 1205 Buckthorn Avenue - Continued Background This item was originally discussed at the City Council work session that was held on September 6, 2011. At that meeting, staff presented the background on this matter which relates primarily to the denial of an encroachment agreement for the installation of a fence within the drainage and utility easement on the east and north sides of the above - referenced property due to the presence of an existing storm sewer pipe within the easement. In addition to staff's presentation, the property owner also spoke and presented his basis for why the encroachment agreement should be allowed. At the end of the discussion, the City Council directed staff to review what other cities allow within their drainage and utility easements and provide an update at the next City Council work session. Included in the subsequent City Council weekly report dated September 9, 2011 were several sections of the City Ordinance pertaining to the construction of residential fences. These sections of the City Ordinance were provided for the City Council's information. The first ordinance section states that fences placed upon utility easements require City approval and are subject to removal at the owner's expense if required for the maintenance or improvement of the utility. The second ordinance section states that fence installation requires a permit and that they may be constructed within public and private drainage easements provided that: 1. No fence shall be located within a drainage or utility easement without written permission of the Zoning Administrator and the filing of an encroachment agreement. 2. Removal of a fence or portion thereof for the purpose of utilizing the easement shall be at the property owner's expense. The ordinance does not contain any language restricting fences from being located within drainage and utility easements that contain underground utilities. P1