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<br />~ <br /> <br />VIII-A-1 <br /> <br />MEMO <br /> <br />To: <br />From: <br />Date: <br />Re: <br /> <br />Honorable Mayor and City Council <br />Tom Montgomery <br />July 28, 2004 <br />Appeal Restriction of Fencing in Ponding Basin Easement - 1336 Eagle Bluff <br />Drive <br /> <br />Enclosed is a request from Linda and Rich Myklebust, 1336 Eagle Bluff Drive, <br />requesting permission to extend a proposed fence 10 to 12 feet into a <br />ponding/drainage/utility easement that runs through a large portion of their backyard. <br />The Myklebust's permit application to construct a fence in the easement area was denied <br />by Planning and Public Works staff. <br />I have enclosed a copy of the development grading plan for this area and photos <br />ofthe Myklebust's back yard with lines approximately denoting the easement boundary <br />and proposed fence location. <br /> <br />STAFF RECOMMENDA nON <br />I am recommending denial of the Myklebust's appeal. A fence in the ponding <br />basin area may impede maintenance operations - normal and/or emergency activities. <br />Although a 20 ft. wide drainage and utility easement straddles the property line on the <br />west side ofthe property, the location of the storm sewer outfall may require access from <br />another location, possibly across the backyards of the properties abutting the pond. In <br />addition, fences tend to define ownership and privacy. Subsequent owners ofthe <br />property may not realize that a substantial easement lies within their fenced backyard, <br />creating unpleasant situations when access is needed or additional encroachments are <br />installed within the easement areas. <br />If Council wishes to approve the appeal, I would recommend that approval <br />include the following conditions: <br />1. The fence must be an open type structure such as a chain link fence that will <br />easily permit water flow through the fence. <br />2. The property owners must enter into an agreement with the City that is to be <br />recorded against their property acknowledging that the fence encroaches into a <br />drainage and utility easement and that the property owners are responsible for all <br />costs associated with removal and replacement of the fence should the City need <br />to remove the fence for access to the easement area. <br />3. The property owners shall pay the cost of preparing the <br />agreement and recording the agreement. <br /> <br /> <br />~ <br />crn' OF HASTIN6S <br /> <br />~ <br />