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Board grants conditional non-enforcement for enclosed porch but requires recorded disclosure
Summary
The drainage board approved a non-enforcement for an existing enclosed porch at a Hunter's Creek Village home with conditions: a recorded agreement making successors responsible for any required removal or damage and a requirement to disclose the easement condition to future buyers.
The Hamilton County Board of Drainage on June 30 approved a conditional non-enforcement for an existing enclosed porch that encroaches into a regulated drain easement, requiring the homeowner to sign a recorded agreement and make a disclosure to future buyers.
Homeowner Bill Packerzanski told the board his house and the screen porch predated his ownership; he said the structure had been present since the house was built in 1988 and that the porch had not caused flooding problems. Staff said the porch encroaches roughly 10 feet into a regulated drain easement and that the office’s general practice is to deny permanent structures in the easement, but recommended a conditional approach in this case.
Board members discussed risk and enforcement: they emphasized the property owner and successors must accept responsibility and bear the cost of removal or repair if the county or utilities require access. The board also directed that any approval include explicit language requiring disclosure to future buyers and a recorded agreement making successors and assigns responsible for costs and disclosure.
The board asked staff to prepare the specific written agreement; members indicated they would approve the non-enforcement conditioned on the recording of that document and required disclosure. The board voted in favor by voice vote.
