Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Encroachment And Right Of Way topic
No spam. Unsubscribe anytime.
Board denies garage addition at 705 North Clay Street over right-of-way encroachment
Summary
The county surveyor recommended, and the drainage board approved, a negative recommendation for a garage addition at 705 North Clay Street because the structure would encroach on a 25-foot minimum working setback and obstruct access to the right of way.
The County Drainage Board declined to approve a proposed garage addition at 705 North Clay Street after the county surveyor recommended denial, citing repeated encroachments into the county drainage right of way and insufficient access for maintenance. The surveyor said the proposed building is staked 22 feet from the top of bank where the county's established minimum is 25 feet, and the property owner has also added an unpermitted deck and swimming pool that further reduce access.
The surveyor told the board: "We're never gonna go below 25 feet because it just does not give us room to go back and take out trees or anything that falls in the creek." He said the owner "encroached the right of way even further" and that access for maintenance would be effectively blocked; he recommended a negative recommendation on the permit request. The board's Mr. Little agreed: "You gotta protect your access."
A motion to accept the surveyor's recommendation and deny approval carried 2-0. The surveyor said the county will ask the owner to sign a fence agreement for the existing fence, and that the county reserves the authority to remove unpermitted structures in the right of way if necessary. The surveyor noted that the top of bank is approximately where the owner's fence now stands and that the location creates an almost vertical drop, further complicating access.
Discussion only: surveyor described encroachments and maintenance/access concerns and noted the owner previously installed a deck and pool. Direction: board declined the permit and staff will inform the property owner. Formal action: motion carried 2-0 to follow the surveyor's negative recommendation.
