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tervi{{e 'Lstabllsficd" IllS? 1880 :Main Street, Centeroiffe, :M1i 55038 651-429-3232 or 'F~ 651-429-8629 May 4, 2007 Memo to Council The property owner at 7323 Deer Pass has requested a permit to build a deck on the rear of their home. However, this lot has a substantial drainage easement in the rear yard, leaving insufficient space for the proposed deck. In accordance with your policy, I told the property owner that the City would not be able to issue a permit for construction of the deck in the drainage easement but that they could request that the easement be reduced if the engineer determines we not utilize the entire easement in the future. The property owner provided a deposit to cover the engineering cost of the review and Mark Statz was requested to examine the situation. Mark determined that the City would not utilize the entire easement area and that it would be possible to release a portion back to the property owner allowing the proposed deck to be constructed. You may recall that we did one of these releases a couple of years ago. At the time, the City Attorney (Jim Hoeft) determined that the City could do a simple release of easement much like a quit claim deed. The current City Attorney has a different take. He believes that State Statute requires an easement to be vacated much like we do with a street. That process requires a public hearing and the process takes about 45 days to complete. The property owner wishes to proceed with vacating a portion of the easement but would like to begin construction of the deck in the interim. That could be allowed by approving an encroachment agreement if the Council desires to accommodate the request. This is on the agenda for your consideration. Dallas Larson City Administrator \3r;