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AGENDA ITEM <br />Prepared By: Reviewed By: Approved By: DJR <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. The applicant is asking to retain the access and improvements to the Barret Avenue Right <br />of Way (ROW). <br /> <br />2. Background/ Summary. During a recent building permit inspection of 570 Orono Orchard Road the <br />inspector noted that the right of way to the rear of the property, Barrett Avenue, had been graded/filled <br />and a new gravel surface installed (see exhibit A). The current lot is the result of a combination of three <br />lots; one abutting Orono Orchard and two undeveloped lots abutting Barrett Avenue. The improvements <br />are within unimproved portion of the ROW and constitute a second access/driveway to the property. The <br />resident submitted a Right or Way Permit requesting to retain the encroachment and second access. The <br />City Attorney prepared a draft encroachment agreement (See Exhibit B) <br /> <br />3. Relevant Ordinances. <br /> <br />a. Sec. 18-106. - Required. It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, <br />driveway, driveway approach, driveway turnaround, curb cut, roadway surfacing or any other private <br />improvement in any road or other property in the city without a permit in writing from the city. <br /> <br />b. Sec. 18-136. - Residential driveways, approaches and turnaround. One driveway approach shall be <br />allowed from up to two single residential parcels of land to the same road, provided that appropriate easements <br />exist between parties sharing the driveway and driveway approach. Parcels having frontage on more than one <br />public road shall be allowed a driveway approach to one public road. <br /> <br />4. Public Comment. This is not a public hearing and no public comments were received. <br /> <br />5. Staff Recommendation. Staff recommends approval of the encroachment agreement. The area of <br />encroachment is an unimproved portion of the right of way and does not appear to impact the established <br />drainage patterns. There had been an access way in the same area accessing the back portion of the <br />current lot when it was a separate lot. <br /> <br />COUNCIL ACTION REQUESTED <br />Motion to accept the drafted encroachment agreement. <br /> <br /> <br />Exhibits <br />A. Survey <br />B. Draft Encroachment Agreement <br /> <br /> <br /> <br />Item No.: 5 Date: November 26, 2018 <br />Item Description: 570 Orono Orchard Road encroachment on to Barret Avenue, <br />Encroachment Agreement <br />Presenter: Adam T. Edwards, P.E. <br />Citi Engineer/Public Works Director <br />Agenda <br />Section: <br />Consent Agenda