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 review of proposed encroachment 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 1004 Miller Street South consists of a fence. This improvement will be constructed by the property owner and will encroach on the public drainage and utility easements in the rear yard and city right-of-way along 10th Avenue. The right-of-way along 10th Avenue is wider than typical city right-of-way for a standard residential street. The proposed side yard fence line is proposed to align with the right-of-way line further east on 10th Avenue. The property exists as a single family residential lot that was platted in 1971; the fence is proposed to be constructed in 2020. The encroachment is categorized as a minor encroachment that does not limit the use or cause negative impacts within the easement or city right-of-way. The agreement is necessary to document the encroachment 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).