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Zoning File ^1813 <br />April 12, 1993 <br />Page 2 <br />The current application involves the creation of an easement to "correct" the <br />encroachment of the existing principal structure. The southeast comer of the existing structure <br />extends 7" into tlie neighboring property at 2308. Mr. Brickley, the current owner of 2308. did <br />not wish to proceed with an even exchange of property areas with a lot line rearrangement and <br />agreed to the granting of a temporary easement. TTie easement is written such that upon <br />demolition of the existing residence, the easement shall terminate. <br />The applicant’s attorney advised that because of the pending sale of the Niska property, <br />the mortgage company has called for a solution of the encroachment of structure. The <br />subdivision of a lot line rearrangement was not acceptable and the temporary easement was <br />recommended by applicant’s attorney. <br />As already noted above in the factual findings, while in effect the easement area would <br />be excluded from the lot area of 2308 Shady wood. Review the staff sketch Exnibit F. Note <br />current structure is located approximately 13’2" from the shared lot line. The easement at its <br />widest point would be located 8 1/2’ from existing siruciure. The easement must be written <br />such that no future construction will be allowed within the easement area. Although the <br />easement extends 5’ into 2308, any setback for new construction on the 2308 Shady wood <br />property will be determined from the existing plaited lot line. Because this is a private <br />easement, it will be the responsibility of the affected property owners to enforce. <br />Issues for Consideration <br />A. Please review Exhibit E, the easement to be filed against the chain of title, i^e <br />there conditions or limitations within easement area that should be included, i.e. <br />total or a percentage of destructioa'deterioration of struenire to require owner to <br />rebuild within lot lines. <br />B Setbacks for any new construction on 2308 Shadywood Road shall be determined <br />from existing platted lot line. Do members envision any problems? <br />Rcconunendatiun <br />Any recommendation of approval should contain the following conditions <br />A. Enforcement of private easement shall be the total responsibility of the private <br />property owners. <br />B. No new construction shall be permitted by owner of 2304 within easement area.