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� Steve Coddon September 15, 2004 Page 2 Your current request for staff consideration of the merits of your application after it has been withdrawn, is somewhat out of the ordinary. However,in the interest of reaching closure on this property,we have given it some consideration and would offer the following comments: 1. Significant changes in the depiction of the 929.4 contour line are apparent in the submitted survey dated June 21,2004 as compared to the June 2,2004 survey submitted with your application.The later survey removes the man-made ditch from the areas shown as below 929.4'. There is no text on the survey indicating why or how this change occurred. The location of the 929.4'elevation is a critical element in defining the usable area of the property. For purposes of this analysis I will assume the ditch is above the 929.4'elevation;if it is actuallybelow 929.4,the 75'setback would reduce the usable area of the site to nothing. 2. On the June 21 survey,the calculation of"area above 929.4'elevation contour line excluding wetland area"apparently also excludes the required 35'buffer required by the MCWD. City ordinances do not exclude required wetland buffers from the drybuildable area calculation. My rough estimate ofthe actual contiguous drybuildable area for Cityreview purposes based on the June 21 survey is about 9,700 s.f. or 0.22 acre. 3. Based on the June 21 survey,the area of the lot meeting all required setbacks for a principal structure(i.e.meeting the 75'setback from the 929.4'elevation;meeting the City's 30'setback from Shadywood Road and 15'setback from Fagerness Point Road;and not encroaching the MCWD's required 35'wetland buffer) is approximately 490 s.f. 4. Based on the June 21 survey and the information shown above,the variances that would have been needed from City code standards in order to make the lot buildable for the 440 s.f.footprint home, 200 s.f.detached garage and 600 s.f.driveway you proposed in your August 9 letter and submittal, include the following: a) Drybuildable lot area(0.22 acres available,minimum requirement is 80%of 0.5 acres,or 0.4 acre) b) 75-250'zonehardcovervariancetoallow34%or1240s.fofhardcoverwhereon1y25% or 900 s.f. (25%of 3600 s.f. 75-250' zone area)would be allowed. 5. Your survey work also showed that the area proposed for construction is within the defined Flood Fringe(the area between the 929.4'OHW and the 931.5'100-yeax flood elevation)and would have required not only a conditional use permit for filling,but would have required a specific approval bythe City Council to allow a principal structure within the Flood Fringe District under zoning code/floodplain ordinance Section 78-1114(2)(h).