SS9301-CS 921130 MEMO
TO: Alan D. Ratliff, City Manager
M. Griffin, P.E., City Engineer \(~
FROM:
Kenneth
SUBJECT: Swimming Pool at 229 Meadowcreek
DATE: November 30, 1992
On November 20, 1992 you received a letter from Marilyn Fritch concerning a request for a
variance on her property at 229 Meadowcreek Road. She stated that her pool was built in the
sewer easement and it was existing at the time she bought the property in 1983. Her letter
alludes to the fact that the City should abandon the portion of the sewer line beneath her pool
because of the construction of the new Grapevine Creek Sewer Main Branch I. The Grapevine
Creek Sewer Main Branch I will not eliminate the need for the sewer line behind the houses on
Meadowcreek Road. Those houses will continue to be served by the existing 12" sewer line.
There are several improvements over the existing sewer easement and sewer line. My research
shows that the pool is approximately 15 to 17 feet into the easement and is most likely
constructed over the top of the existing sewer line.
I am attaching a copy of a "To Whom It May Concern" letter referencing this piece of property.
During the course of my research, I requested that Building Inspection research to see if a permit
was issued for the pool. Attached to this memo is a copy of a permit issued on April 30, 1979
for the construction of the pool. The permit includes a copy of the plat showing the easement
and a copy of the location of the pool in reference to the existing house. However, the site plan
for the location of the pool does not show the easement. It appears that the pool was constructed
as shown on the 1979 permit. The owner of the property, Marilyn Fritch, is concerned about the
encroachment because she cannot find a mortgage company to refinance her property to take
advantage of the lower interest rates. On an even bigger scale, she is concerned that she will not
be able to sale the property in the future if no mortgage company is willing to take a new
mortgage on the property.
I have briefly discussed this issue with Larry Jackson to inquire as to whether or not the City has
any liability or exposure because we issued the permit for the pool that encroaches into the utility
easement. Larry has requested that I send him copies of all information on this issue. With your
concurrence, I will forward the information to Larry Jackson for a recommendation. Larry's
initial reaction was that the City may be put into a position of granting permission to the property
owner to have the pool encroach into our sewer line easement, and it was his opinion, that this
action could be granted by the City Council quite possibly at the January 12, 1993 City Council
meeting.
I will await further direction from you prior to processing the information to Larry Jackson.