HomeMy WebLinkAboutEncroachment Agreement 2013 REQUEST FOR COUNCIL ACTION
Date: 18 June 2013
Item No. 9
Department Approval Administrator Approval: Agenda Section:
Name: Jesse Struve ,J r�S
Title: Public Works Director/City Engineer
Item Description: Joe Church—4440 Forest Lake Landing—Encroachment Agreement
List of Exhibits:
Exhibit A. Request from Property Owner
Exhibit B. Draft Encroachment Agreement
Exhibit C. Aerial Photos
Exhibit D. Site Photos
Exhibit E. Partial Survey
Application Summary:
The subject property is situated at an angle on the south, side street lot line. Most of the driveway serving the
home is located entirely within the City's right-of-way (ROW); the sidewalk; water supply well; retaining walls;
and a deck and patio are entirely within the ROW. The property owner is requesting permission to widen the
driveway; move and rebuild retaining walls; and fix sidewalk and stairs which access his property. Additionally
the property owner would like to repair the existing patio area adjacent to a lakeside deck.
Discussion
According to the City's Community Management Plan, the City has a responsibility to retain Lake Minnetonka
access points permanently for the public's use. By allowing a deck and patio within the ROW, it gives the
perception this area is private land. When property undergoes major changes and upgrades, staff will
recommend all impacts within the ROW to be removed. There will be times when not all of the impacts can
be feasibly removed, but any impacts which cannot be feasibly removed will be included in an encroachment
agreement. The encroachment agreement will allow the City to require the property owner to remove the
encroachments if the encroachments become an issue in the future.
Staff Recommendation
In an effort to clean up the City's ROW, staff is agreeable to allowing the widened driveway and repairs to the
sidewalk conditioned on the property owner removing the deck and patio area within the ROW. The property
owner should be required to enter into an encroachment agreement addressing all other items located within
the City ROW. Staff recommends they remove the deck and patio and determine if it is possible to realign the
door so the steps can also be removed. All other items would be allowed to remain in place, but should be
incorporated into an encroachment agreement.
COUNCIL ACTION REQUESTED
Council should provide direction to staff regarding the following:
1. Is Council agreeable to entering into an encroachment agreement for the ROW encroachments?
2. Which of the improvements within the ROW should be included within the encroachment agreement?
Which, if any, of the encroachments should be removed?
Melanie Curtis
From: JOSEPH CHURCH Doechurch@msn.com]
Sent: Monday, June 10, 2013 10:26 AM
To: Melanie Curtis; JOSEPH CHURCH
Subject: Encroachment Agreement
Melanie,
I would like to enter into an encroachment agreement with the city of orono for the following.
To widen the driveway that prevents 2 cars to be parked side by side and open car doors by 5 feet.
To maintain the sidewalk in the firelane leading to our front door of our home.
To maintain the separate patio installed by previouse owner on the firelane.
Or legal address description is:
Lot 12, "Tonkaview Gardens, Hennepin County, Minnesota"
Address reference 4440 Forest Lake Landing, Orono MN 5364
Joe
i
Council Exhibit B
Draft Encroachment
Agreement
To be distributed at
'
Mondays meeting .
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