2016-01313 - right of way permit

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Encroachment Permit/Encroachment Agreement James Krey 2560 Old Beach Rd Wayzata, MN 55391 October 17, 2016 1 would first like to apologize for encroaching on the city's ROW when building this retaining wall and for the contractor who did not apply for a permit. The retaining wall at the above property address was built to retain the land from eroding into the street which becomes muddy from run off. The land there has a slope of 2 to 1 and is extremely dangerous to mow. I have ruined several mower blades in the 27 years I have been maintaining this part of the property. We spoke to 3 snow removal crews which plow these streets and none have an issue with the location of the wall. I have included my neighbor's comments, all of which agree that it is a good solution to the problem, are delighted with its appearance and are happy it provides safety for their children. The wall cannot be moved back 22 feet (out of the city ROW)to a conforming location because that would defeat the purpose of the wall. We can't place the wall further back from the road due to the trees there. We would risk losing these trees and we are attempting to beautify the property not destroy the lovely wooded lot. I also believe this wall provides safety to our neighborhood children who congregate there for the school bus. We plan on installing low voltage lights along the upper wall which will provide added safety for the neighborhood,since there is no street light at this end of the dead end street. I do not believe a snow plow or anyone driving along this point is in any danger of colliding with the boulders providing of course the driver is abiding by the law,traveling at most 15 miles per hour with a seat belt. If the driver of a vehicle is this reckless, I would want them to be stopped by the wall and not hit the children who wait here for the school bus. I ask that you grant a zoning permit to allow the retaining wall to remain where it is. Respectfully, James R. Krey