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Agenda Number: G.6 <br /> <br />CITY OF HUGO <br /> <br />PLANNING AND ZONING <br />APPLICATION STAFF REPORT <br /> <br /> <br />TO: Bryan Bear, City Administrator <br /> <br />FROM: Max Gort, Associate Planner <br /> <br />SUBJECT: Nick Heinle – Prairie Homes, LLC, 14320 Grantaire Lane North – <br />Encroachment agreement to allow a window well and fence within a drainage and <br />utility easement on property located at 14320 Grantaire Lane North. <br /> <br />DATE: September 13, 2023 for the City Council meeting of September 18, 2023 <br /> <br />ZONING: Planned Unit Development (PUD) <br /> <br />LAND USE: Low Density Residential (LD) <br /> <br />60-DAY REVIEW DEADLINE: September 29, 2023 <br /> <br /> <br />1. BACKGROUND <br /> <br />On June 28, 2023, there was a building permit issued for the new construction house. The survey <br />and house plans showed the proposed encroachment of the window wells. The house is currently <br />under construction and the window wells have already been constructed. The permit was issued <br />in error since the window well encroachment exceeded the 2-foot encroachment allowance. It <br />was brought to staff’s attention and staff required the applicant to apply for a variance to allow <br />the additional encroachment of 1 foot 8 inches. <br /> <br />At its August 24, 2023 meeting the Board of Zoning Appeals and Adjustments held a public <br />hearing and considered the variance request. During the meeting, the applicant spoke to the <br />construction of a fence on both sides of the house to mitigate the encroaching window well’s <br />visibility from the street. The Board unanimously recommended approval of the variance <br />request, which was approved by the City Council at its September 5, 2023 meeting. <br /> <br />The City maintains a drainage and utility easement at a width of 5 feet on the side property lines <br />and 10 feet on the rear property line. The fence is proposed to encroach on the easement around <br />the perimeter of the property before it meets the rear profile of the house. The window well on <br />the southeasterly side property line will encroach into the easement by 3 feet 8 inches. <br /> <br />