Title
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT TO PERMIT THE INSTALLATION OF PAVEMENT AT 75 S. MAIN STREET.
Executive Summary: This Resolution authorizes the City Manager to enter into a License Agreement with the property owner of 75 South Main Street to allow several small sections of pavement to be constructed within a storm water and utility easement.
Body
Legislative History
None.
Purpose & Explanation
According to the Land Development Code a zoning certificate may not be issued for a structure in an easement without the permission of the easement holder. Staff routinely enters into such agreements for fences as authorized at Chapter 230.05 wherein it is stated that the City Manager may enter into License Agreements for fences, decks and similar structures without foundations in the City's utility easements.
Duane Hills, property owner of 75 South Main Street, is seeking such an agreement to allow several very small areas of a new parking lot (associate to a new building) to encroach upon a storm water and utility easement. Such an installation is not authorized administratively, therefore Council approval is required. The proposed installation has been reviewed by the Community Development, Engineering, and Public Works departments. In summary, the installation meets zoning requirements and staff does not object to its installation within the easement.
Timing Considerations
None.
Fiscal Impact
Currently Budgeted
Supplemental Appropriation Required
X Appropriation Not Required.
Recommendation
Suggested Action
Staff recommends that Council authorize the City Manager to enter into the License Agreement.
Submitted by,
Jane Howington, City Manager
Scott Schroyer, Assistant City Manager
Mark Richardson, Community Development Director