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easements on the property. The City’s consent to an encroachment agreement does not guarantee <br />approval by the District or override their rights. The applicants were advised to reach out to the <br />District specifically to inquire whether or not they have any issues with the improvements in the <br />buffer area. <br /> <br />3.Analysis: <br />The applicants were advised to seek input from the Minnehaha Creek Watershed District <br />(MCWD) as they have overlapping authority over the wetland buffer and drainage easement areas. <br />The septic tanks located within the wetland buffer are not likely to interfere with the existence or <br />the functionality of the wetland buffer. Further, the site plan submitted with the septic permit <br />application showed the tanks were in a location that met the septic setback from the property line. <br />Septic permits are reviewed and approved by our contract septic inspector, he was unaware of the <br />buffer / drainage easement. Staff finds that granting an Encroachment Agreement for the septic <br />tanks may be reasonable. <br /> <br />The boulder walls associated with the raised landscape area were not shown on any of the site <br />plans submitted for permit (separate permits have been issued for the Home, Pool, Deck, and <br />Retaining Walls) which would have provided the opportunity for staff to inform the applicant of <br />the potential conflict with the drainage and utility easement area. The boulder retaining wall should <br />be relocated. <br /> <br />The MCWD has not yet provided formal comment on the encroachments. <br />4.Staff Recommendation: <br />Staff recommends approval of an Encroachment Agreement to allow the septic tank(s) to remain <br />in their current location. Additionally, Staff recommends that, in the future if it is necessary to <br />replace the septic tank(s), the tanks should be relocated to a conforming area of the property <br />outside of the wetland buffer or easement areas. <br /> <br />Staff recommends denial of the request for an Encroachment Agreement to permit the boulder <br />retaining walls and the raised landscape garden to remain as constructed. Staff recommends the <br />Council require the improvements to be moved to a conforming location. <br /> <br /> <br /> <br />COUNCIL ACTION REQUESTED <br />Direct Staff to prepare an Encroachment Agreement. <br />Exhibits <br />Exhibit A1 - Homeowner Narrative <br />Exhibit A2 - Outdoor Excapes Narrative <br />Exhibit A3 - Hendel Narrative <br />Exhibit B - Survey w Annotated Encroachments <br />Exhibit C - Mylar and Easement Docs <br />Exhibit D - Building Permit Survey <br />Exhibit E - Septic Design <br />171