Request for CC action/encroachment issue

Home Browse Search

��'I.TC REQUEST FOR COUNCIL ACTION Date: 7 January 2015 Item No. 3 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curti /� Title: Planner �� Item Description: Casey&Jill Hoehn—2325 nd I Cove Ln—Encroachment Issue List of Exhibits: Exhibit A. Request from Property Owner with Attachments(photos) Exhibit B. As-Built Surveys Exhibit C. City Engineer As-Built Survey Review Comments Exhibit D. Building Permit Survey Exhibit E. MCWD Memo—11/24/14 Exhibit F. Retaining Wall Engineer Letter-09/19/14 Exhibit G. Glendale Cove Plat(Partial) Exhibit H. Glendale Cove Plat with Wetlands&Wetland Buffer ldentified Exhibit I. Flowage&Conservation Easement—City Exhibit J. Wetland Buffer Declaration &Amended Declaration—MCWD Summary: A building permit for the new home was issued in September 2013; a temporary Certificate of Occupancy to allow Casey & Jill Hoehn, the property owners, to move into the finished structure was issued in January 2014. The City-approved site plan (09/12/13) associated with the permit included one proposed retaining wall near the west side of the home. When the final as-built survey was submitted on August 19, 2014 to close out the permit and issue a Certificate of Occupancy it was noted that 3 additional walls around the home. One wall extending the width of the property was constructed within the wetland buffer and the drainage & utility easement had been constructed without City review or approval. Typically landscape features (i.e. patios, walls, etc) which vary from the permit-approved landscape plan should have City approval and a Zoning Permit; in this case a Zoning Permit was not requested. An additional wall was constructed on the west side of the home which exceeds 4-feet in height. Consulting Engineer Bob Bean observed this wall in the field and indicates in the attached 08/28/14 comment memo that an engineered design is required; a building permit is also required due to the height. The wetland buffer area is covered by a City conservation & flowage easement and a MCWD wetland buffer declaration. Both documents are attached and reflect a prohibition of the construction of structures within the wetland buffer. Resolution of this matter would be for the wall located within the drainage and utility easement/conservation easement to be removed. Staff met with the property owners and MCWD staff on November 7th to discuss resolution to the encroachment violation and the final Certificate of Occupancy, which continues to be withheld until the issues are resolved. Following that meeting the applicants made a formal request for an encroachment agreement. Staff Recommendation Staff is agreeable to allowing all or some of the retaining wall within the easement area to remain subject to the requirement that the property owners enter into an encroachment agreement with the City. The encroachment agreement would allow the City to require the property owner to remove the encroachments if