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Council Exhibit H MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 24,2013 7:00 o'clock p.m. 9. 4440 FOREST LAKE LANDING—ENCROACHMENT AGREEMENT Struve stated the City has been requested by the owner of 4440 Forest Lake Landing for approval to widen his driveway,which would have an additional impact to the right-of-way in that area. Under the City's Community Management Plan,the City has a responsibility to retain Lake Minnetonka access points permanently for the public's use. By allowing a deck and patio within the right-of-way, it gives the perception this area is private land. Struve stated in the past, when a property undergoes major changes and upgrades, Staff will recommend all impacts within the right-of-way be removed. There will be times when not all of the impacts can be feasibly removed,but any impacts which cannot be feasibly removed will be included in an encroachment agreement. The encroachment agreement would allow the City to require the property owner to remove the encroachments if the encroachments become an issue in the future. In an effort to clean up the City's right-of-way, Staff is agreeable to allowing the widened driveway and repairs to the sidewalk conditioned on the property owner removing the deck and patio area within the right-of-way. The property owner should be required to enter into an encroachment agreement addressing all other items located within the City right-of-way. Staff recommends they remove the deck and patio and determine if it is possible to realign the door so the steps can also be removed. All other items would be allowed to remain in place but should be incorporated into an encroachment agreement. McMillan asked if the new hardcover for the driveway would be included in the overall hardcover for the property. Curtis stated the hardcover in the right-of-way would be separated out. McMillan asked if a new survey would be required. Struve indicated they have not seen a building permit request at the present time. Curtis stated the property owner has not submitted a plan or requested a building permit but is merely requesting preapproval of the work. The project would also require the moving of some retaining walls. Struve stated there are numerous encroachments in the right-of-way and the question is what items should be removed out of the right-of-way. Levang asked if there will be a formal request for a building permit; and if so, if Staff has any idea when that might be submitted. Struve indicated the applicant is in the audience and he would be able to address those questions. Levang asked if Staff would like the encroachment cleaned up prior to the application. Struve stated the applicant requested to widen the driveway; and if that request is denied,that would change what he wants to do with the property and a survey may or may not be required at that point. The property owner is attempting to save some money by not doing the survey at this point until he gets some idea of what the Council will approve. Page 9 of 15