08-28-2023 Council Packet - Laserfiche WebLink

Home Browse Search

AGENDA ITEM Prepared By: LLO Reviewed By: Approved By: 1. Purpose. The property owner is requesting an encroachment agreement to address an existing building located in a right-of-way. 2. Background/ Summary. The property owner has an existing building that crosses over the property line. A portion of the existing structure is located in an unimproved right-of-way. The owner stated their intent is to obtain building permits for maintenance of the building (re-siding, reroofing, etc.). Because the building is not located fully within the subject property, the City cannot issue building permits for maintenance. No plans or permit applications have been submitted to the city at this time. At the March 13, 2023 City Council meeting the applicant presented a request for an encroachment agreement for an existing boathouse that is located within an unimproved right of way to Lake Minnetonka. At the council meeting, Councilmember Johnson asked for clarity regarding the landscaping and accessibility of the site. City staff met with the applicant in May 2023, once the snow was melted, to review the landscaping and improvements on the site. Aerial images are included an Exhibit D for reference. It appears that new arborvitae have been planted within the right-of-way. Public Works confirmed that they have reasonable access to the city infrastructure around the landscaping in the right of way. This lake access has not been identified for public access/recreation. Park Department Staff was also present at the meeting and noted that there is an existing lake access further along Highwood Road identified for recreational purposed by the Parks Commission. The abutting neighbor on the other side of the subject lake access was granted, by Resolution 4795, permission to install a driveway in this right of way. 3. Analysis. Granting the encroachment agreement will allow the proper permits to be issued for maintenance of the existing structure. The City Engineer has reviewed the request and noted the current right-of-way is being used for utility infrastructure. The current right-of-way has storm sewer and sanitary sewer infrastructure throughout. The current building does not appear to be in conflict with the existing utility infrastructure. The following is a summary of the conditions listed in the proposed Encroachment Agreement for the Council to consider: • Plans for maintenance of the building must be approved by the City, prior to beginning the work. • The maintenance of the building will not result in an expansion of the current 253 square feet of encroachment in the right of way. • The building and other existing improvements located on the Subject Property must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. • Owners are fully responsible and liable for any and all damage caused to the building or other existing improvements, or damage resulting from the modification or maintenance of the building within the right of way. • Owners will be responsible for the building and other improvements. • The City shall have no responsibility to maintain or repair the building and other existing improvements located on the Subject Property or encroaching into the right of way. Item No.: 15 Date: August 28, 2023 Item Description: Rick Schideman ,4075 Highwood Road, Encroachment Agreement Presenter: Laura Oakden Community Development Director Agenda Section: Community Development Report