Discussion:
Background
City Code 90.16, Encroachment in Easement Areas, indicates that "no trees, shrubs, bushes, retaining walls, structures, hard surface areas, or other obstructions, with the exception of shallow root plantings and garden fences, shall be placed within an easement area held by the city, except if written permission has been granted by the city". Upon discovery of said encroachments and determination that there are no expected detrimental effects, it has been the city's practice to allow the continuance of the such (minor) encroachments; however, an encroachment agreement has been the instrument to provide the proper documentation by officially recording the encroachment with the county as part of the property file.
Encroachment
The encroachment at 1369 Danita Drive consists of a fence. This improvement was constructed by the property owner and encroaches on the city's drainage and utility easements in the side yard of this parcel. The property exists as a single family residential lot that was platted in 2005; the structure was constructed in 2008. Shakopee Public Utilities (SPU) was consulted as a portion of the fence was installed over the top of their watermain. SPU has provided input to the city that they will allow the fence to remain in its current location. The encroachment is categorized as a minor encroachment that does not limit the use or cause negative impacts within the easement. The agreements are necessary to document the encroachments should the city require the temporary or permanent removal of the fence in the future, understanding that the removal and replacement costs would be borne by the property owner(s).