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Public Works staff recommend denial of retaining-wall license and sewer-easement closure; councilors plan follow-up

3025717 · April 16, 2025
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Summary

Public Works staff recommended denying a retaining-wall license at 2441 S. Owasso Place and a sewer-easement closure for 3311 S. Troost Avenue, citing public-utilities conflicts and lack of permits.

Public Works staff recommended denying two separate right-of-way requests on April 30: a license agreement for a retaining wall that encroaches on the street right-of-way at 2441 South Owasso Place in Sunset Terrace, and a request to close a portion of an existing sewer easement at 3311 South Troost Avenue in Vogel Heights.

Paul Zachary of Public Works said the Owasso Place wall was built without a permit and sits above a water line in the public right-of-way. “We have public works and water and sewer both objected to this and would recommend an [against] issuing a license agreement,” Zachary said, noting the wall sits over critical infrastructure and that the applicants were aware of options such as relocating the line or removing the wall.

Committee members asked about options for residents and about how property owners can avoid such conflicts. Zachary advised constituents to call 311 and consult the permit center and to ensure contractors call 811 before digging. He said retroactive permits are sometimes required when work was done without permits.

On the sewer-easement request at South Troost Avenue, staff said the applicant’s assertion that the easement was no longer needed was incorrect: the easement contains an active sewer line and objections were filed by right-of-way, sewer operations and wastewater design staff. The easement in question dates to a 1937 grant, staff said, and is approximately eight feet deep in the affected location.

Staff recommended denial of the easement-closure request and informed the applicant of options such as realigning sanitary sewer or acquiring easement from neighbors; the applicant chose to pursue a formal administrative process.

Why it matters: Encroachments and easement closures can impede city access to utilities and create safety and maintenance issues. The staff recommendation to deny these requests preserves public access and system integrity while leaving applicants the option to pursue alternatives or legal remedies.

Both items were recommended for denial administratively; no committee votes were recorded in the transcript. Councilors indicated they would meet with constituents on the retaining-wall matter before the next hearing.