CCP 07-12-2004 - Laserfiche WebLink

Home Browse Search

. . 3. Code Enforcement - Does not meet requirement In reviewing this proposal staff noted that there are areas of fencing on both the 3331 and 3355 New Brighton Road properties which are currently located outside of the property lines. In particular there is an area of fencing from the 3331 property which encroaches on Hazelnut Park. There is also an area of fencing from the 3355 property which encroaches on the City trail to the northwest of the 3355 property. In addition, it appears that a large portion of gravel driveway from the 3331 property encroaches on Hazelnut Park property. That being said, the entire area is heavily wooded and the realistic impact ofthese encroachments is debatable. One danger with the encroachments is now that the City is aware of the encroachments, if the City does not act on them it may eventually allow the encroachments to be grandfathered in. Another concern is the precedent that may be set if the City chooses to grant an easement for the encroachments instead of removing them from City property. While the City would look at each encroachment independently and based on the merits for that particular location, determine whether an easement should be granted; it could certainly affect whether people felt they were treated fairly if they were denied an easement for a similar situation, The Operations and Maintenance Director, Community Development Director, City Engineer, City Attorney, and City Planner have reviewed these plans and all are in agreement that the encroachments should be removed from City property. However, ifit is the Planning Commission and City Council's preference that the applicant be granted easements for the encroachments, the City Attorney will prepare an easement document to be presented to the City Council for their approval. Staff Recommendation In Planning Case #04-16 staffrecommends approval of the Minor Subdivision (subdivision/consolidation) subject to the following conditions: 1. The applicant shall file the subdivision/consolidation with the County and upon the recording of the subdivision/consolidation; the applicant shall provide the City with a copy ofthe recorded subdivision/consolidation. 20 All encroachments on City property shall be removed by September I, 2004, Options 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3, Recommend denial with reasons for denial. If the City denies the petitioners request, "., .it must state in writing the reasons for the denial at the time it denies the request." . \\Earth\Planning\Planning Cases\2004\04-16 Jon Finn Minor Subdivision (PENDING)\07-07-04 PC Report Jon Finn Minor Subdivision.doc Page 3 of4