Request for Council Action 2014 - Laserfiche WebLink

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REQUEST FOR COUNCIL ACTION Date: 10 July 2014 Item No. O Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis Title: Item Description: Joe Church—4440 Forest Lake Landing—Encroachment Agreement List of Exhibits: Exhibit A. Request from Property Owner Exhibit B. Draft Encroachment Agreement Exhibit C. Aerial Photos&Site Photos Exhibit D. Survey Exhibit E. Proposed Plan -Requested Improvements Exhibit F. City Engineer Comments Exhibit G. Council Memo 06/18/13 Exhibit H. City Council Minutes—06/24/13 Application Summary: In June of 2013 the property owner,Joe Church, approached the City with a request for permission to conduct some maintenance improvements and minor changes to the driveway and sidewalk access to his property which are located entirely within the City right-of-way (ROW). Last year the Mr. Church was requesting approval to expand the driveway and reconstruct the stairs and sidewalk which access the home. He indicated that he would be agreeable to the future removal of the deck/patio and also entering into an encroachment agreement. He was instructed to provide a plan for the desired improvements. Update: Mr. Church has provided a survey for the property and has revised his request. At this time he is not requesting approval for any expansion of hardcover. He would like to re-build the stairs and sidewalk which access the home in the same footprint as existing. Additionally, he intends to re-grade the side yard so that the walls on the east side of the driveway can be removed. This would allow for two vehicles to park in the driveway and accommodate the vehicle doors opening without actually enlarging the driveway footprint. The driveway would be replaced in-kind. The stairs, deck and retaining walls under the deck would remain at this time. He is amenable to re-evaluation and removal of the deck at a later date. However the driveway and sidewalk projects have a higher priority as the failing driveway, sidewalk and stairs are causing water to enter the home and need to be addressed first. Planning Staff and the City's consulting engineer, Brian Simmons, visited the site to discuss Mr. Church's plans. Technically a permit doesn't apply as the work will be conducted within the City ROW, however an encroachment agreement, erosion control escrow and plan (Exhibit F)will be required. Staff Recommendation In an effort to clean up the City's ROW, staff is agreeable to allowing the grading, removal of the east walls, the reconstruction of the sidewalk, stairs and driveway conditioned on the property owner entering into an encroachment agreement addressing all other items located within the City ROW. All of the encroachments will be addressed with the encroachment agreement. The encroachment agreement will need to be revised at the time the property owner intends to address/remove the deck and retaining walls. COUNCIL ACTION REQUESTED Council should provide direction to staff regarding entering into an encroachment agreement for maintenance, reconstruction and/or removal of the ROW encroachments.