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 976 Stonebrooke Drive consists of a driveway heating system. This improvement will be constructed by the property owner and will encroach on city right-of-way along Stonebrooke Drive. The proposed driveway heating system will be installed along the full length of the driveway. The property exists as a single family residential lot that was platted in 1989; the driveway heating system is proposed to be constructed in 2022. 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 agreement is necessary to document the encroachment should the city require the temporary or permanent removal of the heating system in the future, understanding that the removal and replacement costs would be borne by the property owner(s).