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AGENDA ITEM Item No.: 20 Date: November 22, 2021 Item Description: RPS 19-000161 — Dale & Jonmari Olsen, 3315 Crystal Bay Road — Certificate of Occupancy and Escrow Release Presenter: Jeremy Barnhart, AICP Agenda Community Community Development Director Section: Development Report 1. Purpose. Staff is requesting direction regarding finalization of the building permit for 3315 Crystal Bay Road. 2. Background/ Summary. In 2019, the property owners received land use approvals (LAI9-000069)to support construction of a new home on the property at 3315 Crystal Bay Road. The home, constructed under building permit RPS 19-000161, is now complete. A Temporary Certificate of Occupancy was issued in January 2021 due to winter conditions which made final site verification difficult. At this time, the owners have requested issuance of the final Certificate of Occupancy (CO) and release of their escrow. In July 2021, upon inspection of the property, staff observed a newly installed wrought iron style fence encroaching into the neighboring property. There had been an existing chain link fence in this location previously. The property owner, Hennepin County Regional Rail Authority (HCRRA), noted the new fence, grading, vegetation removal and removal of signs from their property. These activities occurred approximately 15-18 feet into HCRRA's property. Resolution No. 7042, which granted approval of variances and an interim use permit, included a condition that no grading within the HCRRA easement (property) would be permitted without HCRRA permits or permission (paragraph 4, page 8). Neither the builder nor homeowner applied for permits from HCRRA. The site is stabilized, and all other conditions for release of a CO and escrow have been satisfied. However, because of the activity in conflict with a condition of a Council approval resolution, Staff has not released the escrow and issued the final certificate of occupancy until HCRRA has approved the improvements. HCRRA's position is they will not support the improvements within their property, and have required the removal of the fence from the property. 3. Request. The applicant requests the Council waive the condition requiring HCRRA approval. Doing so will allow staff to issue a CO and release the escrow. Releasing the escrow and approving the final as -built does not approve activity in HCRRA property. HCRRA can continue their enforcement action. COUNCIL ACTION REQUESTED The Council should either waive the HCRRA condition or not. Exhibits A. Resolution 7042 B. Email Prepared By: mcc Reviewed By: J. Barnhart Approved By: