09-23-2019 Council Packet - Laserfiche WebLink

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AGENDA ITEM Prepared By: Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this action item is to get Council decision on granting an encroachment agreement and placement of a private raingarden within the platted Right Of Way (ROW) abutting 235 Crestview Avenue on the north side. 2. Background. The homeowners at 235 Crestview Avenue have been experiencing nuisance flooding of their property. Their property is relatively flat with no obvious drainage ways to drain to. The property owners have requested permission to construct a rain garden within the platted right of way abutting their home to the north. The right of way does not contain a roadway or any city utilities. 3. Applicant Justification Statement. Due to the current grading at 235 Crestview Ave and the adjacent land west of the property line, the homeowner (Quaderer) has been experiencing significant flooding in his backyard, even on average rain days. The standing water in the backyard has caused a mosquito problem for the owner. The proposed solution will drain the backyard of the standing water. 4. Considerations. Staff recommends the Council consider the following items when making a decision on this item: a. Current use of the ROW. The ROW is currently used as buffer and green space between the development and the Luce Line ROW. It does not have any public improvements within it. b. Impact to the proposed encroachment the ROW for future community needs. There are no current plans for public improvement with in this portion of the ROW. If future improvements are needed that would be impacted by the proposed encroachment, the homeowner would be required to remove the encroachment at their own expense. c. Availability of natural drainage ways or stormwater systems. There are not any natural or public drainage ways available for the property to tie into. The provision of the raingarden would be a good use of the public space and may benefit not only the applicant but the neighboring property to the west. 5. Staff Recommendation. Staff recommends approval of the encroachment agreement. COUNCIL ACTION REQUESTED Motion to approve the encroachment agreement for the Right of Way abutting the north side of 235 Crestview Avenue. Exhibits A. Site Grading Plan B. Encroachment Agreement Item No.: 8 Date: September 23, 2019 Item Description: Crestview Avenue Encroachment Request Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Consent Agenda