04-08-2024 CC Agenda Packet - Laserfiche WebLink

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Date: April 8, 2024 Item: 16 Presenter: Melanie Curtis, Planner Section: Community Development Report Title: 975 Long Bridge Lane, Outdoor Excapes and Hendel Homes o/b/o Paul and Andrea Scott, Encroachment Agreements 1.Purpose: Consider Encroachment Agreements to address improvements constructed or placed within the wetland buffer, conservation and drainage easement, and/or stormwater drainage and utility easements on the newly developed property. 2.Background: The construction of the new home on the property has recently been completed. Upon review of the updated as-built survey staff identified two areas where improvements are located in an easement area: 1. The septic tank(s) are located within both the drainage and utility easement and the 75-foot wetland buffer and conservation easement, and 2. A portion of a new stone retaining wall that is part of a raised garden landscaping area is located within a drainage and utility easement. Refer to the attached annotated survey to review each of the encroachment areas (Exhibit B); the Long Bridge plat drawing and easement documents are attached as Exhibit C. All of the easement areas on the property (i.e. D/U easements, wetland buffers, and conservation easement areas) were established as part of the Long Bridge development. The perimeter drainage and utility easements were dedicated on the Plat drawing; the wetland buffer, conservation and drainage easements are meant to be preserved as open space and/or to be used for only specific drainage and utility purposes without any structural improvements. The building permit for the home was issued according to the Approved Survey (attached as Exhibit D), no improvements were proposed to be constructed/installed within the Drainage & Utility easement or wetland buffer conservation easement areas. The only structural features permitted are associated with the required stormwater facilities. Staff became aware of the encroachments during the review of the final as-built survey. Regarding the septic tank located within the wetland buffer/drainage and conservation easement, staff provided the builder with the option for an Encroachment Agreement as the septic design requires the septic tank to remain in its current location. This request would be supported by staff. Additionally, the retaining wall was partially constructed within the drainage and utility easement. The applicant is also requesting an encroachment agreement for the boulder wall. Staff is recommending removal of the boulder wall as it is a landscaping element and not critical to the use and functionality of the home. The Minnehaha Creek Watershed District also has rights over the wetland buffer and drainage AGENDA ITEM 170