Re: hardcover/easement issues - Laserfiche WebLink

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MEMORANDUM To: Ron Moorse, City Administrator Greg Gappa, Public Services Director From: Mike Gaffron, Planning Director Date: March 18, 2004 Subject: 1355 Tonkawa Road, Michael Fasching -Hardcover Issue & Sewer Easement Proposal SUMMARY After obtaining a building pen-nit in January 2001 for a new home with a site plan meeting standard hardcover limits, property owner was issued a Certificate of Occupancy in January 2002, prior to construction of driveways, etc. It was later discovered by staff that driveways and other hardcover subsequently installed is far in excess of the limits,and not within the scope of what was approved with the permit. The property owner was advised to remove the excessive hardcover,but the owner claims he needs it to make the site functional. He has suggested to the City that rather than remove the excess hardcover or go through an after-the-fact variance,he would rather grant the City an easement for sewer maintenance over virtually his entire driveway,and call it even. The owner believes the City needs access over his driveway to maintain the sewer system;further,he believes he needs all the existing hardcover for the access to his property to be functional. Zoning staffdisagrees with this analysis;we believe a smaller driveway would be functional,and we believe the 626 s.f,patio(which we have not viewed as ofthis writing but which is reported by owners surveyor as only 470 s.f.hardcover or a 0.75 HC factor!?)should be removed,as there is clearly no hardship for it and it was not on the approved site plan. Greg Gappa and Jeanne Mabusth discussed the easement with the property owner over the summer of 2003. Zoning staffconcurrently anticipated that the owner would be applying for an after-the-fact variance, and the subj ect of an easement would be part of the variance discussion. Instead,the property owner has merely submitted an easement document that gives the City certain rights over his driveway,without having to remove any of the hardcover excess. Building&Zoning staffhave concluded that this is an inappropriate process to allow the hardcover excesses to remain. An after-the-fact variance should be applied for,and the City should be allowed through the normal procedures to detennine whether adequate hardship exists to allow the excesses. If the City needs an easement because ofpast actions or inactions by the City,that should not become the sole deciding factor in whether excessive hardcover is allowed to remain.