Appeal 33703

BCG 03-11: Private Plumbing Easements

III. Other Allowances and Restrictions.

E. Eaves and other projections are allowed to project up to a maximum of 3 feet into a private plumbing line easement if all parts of the eave/projection are 15 feet or more above grade within the easement area.

I Have a Plan under construction with Porch roofs on the east side of the building that extend 2 feet into the 6 foot Utility easement.
These Porch overhangs are only 10 feet above finished grade and therefor I do not meet the criteria of the porches being allowed to extend up to 3 feet as long as they are 15 ft above grade. I am asking for this appeal based on the following: It is the Sewer lines that are on the east side of the 4 plex that need the 6 ft Utility Easement so they can hook into the 6 inch lateral that exists in the front of the Lot at that location. Because these will be Townhomes on there own lots through a Middle Housing Land Division, There will be a Maintenance agreement recorded requiring And Clarifying the following restriction. "The sanitary sewer, storm drain and water lines must be repaired and maintained without conventional open trench excavation within any portion of the easement area that is less than 10 feet wide."

I Am not asking for an alternative method of construction of the sewer service but am asking that the hight restriction for the porches be lowered to 10 ft instead of 15ft or higher from Grade. The reason why it seams this is a legitimate appeal request is we are already restricting the method of maintenance and repair of the said sewer lines to Non open trench methods due to the easement being only 6 ft in width, Therefore alternative methods that do not require tall equipment will be used anyway based on the city's required maintenance Agreement Documents that must be recorded with these New Land division Plats. So the alternative is to record this Document with the restriction of Open trench Maintenance and repairs.

"Reconsideration Text"

Maximum Depth of the Sanitary Sewer in the easement Area is 40 inches Deep.

Because the Maintenance Agreement Prohibits open trench excavation anyway, And therefor alternative methods of maintenance and repair will be needed anyway , it seams that the risk of the porch overhangs being in the way of future maintenance and repair will not be an issue due to no open trench being allowed in the easement area. The Accessibility is not affected by the porches hight but equivalent accessibility is met though method restriction by way of Maintenance agreement

"Reconsideration Text"

The Depth of the sewer line for unit 4 as it enters the easement area is 20 inches deep. At the Front of the Lot at its deepest point All 4 sewer lines are 40 inches deep below grade.