Re: request for waiver of covenants

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. , r_ . 2001 Sugar Woods April 12,2007 Page 2 Council has approved an abbreviated process for all such requests whereby the Planning Commission shall assume the sole responsibility for the review and final recommendation regarding the special requests. Each applicant shall have the right of appeal to the Council of all decisions of the Planning Commission. In other words, should the application be denied or a tie vote occurs, the applicant would have the option to then proceed before the Council. This is brought to the Council as an appeal and would involve payment of a fee. The application would be placed on the Councils next agenda. The applicant is a resident of Sugar Woods and is replacing his existing home. Staff has been advised by the applicant that the Sugar Woods Homeowners Association has reviewed the house and site plans and has granted their approval. There are a number of factors with the applicant's site that could be considered as unique or limiting site conditions: 1. Topography of the building envelope, the setback areas, and the surrounding properties that brings drainage directly through the buildable area of the lot. 2. Existing sub-optimum drainage conditions caused by development that respected the covenants when originally built, but in doing so did not solve potential drainage problems inherent in the site. 3. Location and condition of existing trees within the protected areas, and the potential for those trees to thrive given the current and proposed site conditions. Staff Comments The City Engineer is in the process of reviewing the latest revision of the proposed grading and drainage plan, which involves some filling within protected zones as well as the installation of a catch basin and storm drain to carry runoff from the low ground north of the house, to the existing storm sewer system in the street. Staff has been advised that from an engineering standpoint, the grading plan and tree removal & replacement does not present any unsolvable issues. The intent of Mr. Rebers in establishing "no grading/no tree removal zones" in each lot and within the common outlot areas, was to protect the natural woodland he had nurtured for a number of decades, and to provide Sugar Woods with a unique character all its own. To a great extent his goals have been met, as Sugar Woods remains a heavily wooded neighborhood with homes in close proximity yet largely hidden from each other and from the passerby. To some extent the proposed tree removals are necessary to do the grading to resolve existing drainage issues. However, the fact that the proposed residence and driveway will cover the full 80% allowable of the non-protected areas, makes it extremely difficult to accommodate drainage without doing some site re-working.