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 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 1663 Noric Street consists of a fence. This improvement has been constructed by the property owner and encroaches on the public drainage and utility easements in the rear and side yards of this parcel and city right-of-way in the rear yard along Koeper Avenue. The right-of-way along Koeper Avenue is wider than a typical city right-of-way due to it's proximity to Trunk Highway 169. The rear lot fence line aligns with the right-of-way line further south on Koeper Avenue. The property exists as a single family residential lot that was platted in 2005; the fence was constructed in 2017. The encroachment is categorized as a minor encroachment that does not limit the use or cause negative impacts within the easement and City right-of-way. 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).