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Public Works staff recommend denying license for retaining wall built over utility and right-of-way
Summary
Public Works recommended denial of a license agreement for a retaining wall installed without a permit at 2441 South Owasso Place after staff found the wall encroaches on a waterline and city right-of-way; councilors were told the property owners declined offered alternatives and the council may act at the April 30 meeting.
City Public Works staff told the Public Works Committee they recommend denying a license agreement for a retaining wall at 2441 South Owasso Place because the wall was constructed without a permit and encroaches on a city water line in the public right-of-way.
Paul Zachary of Public Works said staff discovered the wall while it was under construction, and the applicant later applied retroactively. Staff reported the wall sits above a city water line and that multiple city divisions — water distribution, right-of-way and other public-works units — objected. Zachary said staff offered options, including moving the wall to green space or constructing it behind the sidewalk, but the owners chose not to pursue remedies.
Committee members asked whether the water line serves only the single dwelling or adjacent properties; staff said it is a city waterline and recommended consulting 311 and the permit center in future to ensure proper permitting. Staff said if the council denies the license agreement, owners could choose to remove the wall, pay to relocate the water line, or appeal to district court. Zachary noted license agreements typically require property owners to accept that the city may dig up and remove encroachments to access utilities.
Councilors said they will meet with involved parties before the confirmation hearing and that the item will return for action at the April 30 meeting. The department recommended denial as presented.
