09-09-2019 Council Packet - Laserfiche WebLink

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3. LA19-000055 HENDEL HOMES ON BEHALF OF MOLLY ZWETTLER, 3345 FOX STREET, 6:58 P.M. – 7:05 P.M. Rick Hendel, Hendel Homes, was present. Oakden stated the applicant is requesting an after-the-fact interim use permit for exporting approximately 1,260 to 1,400 cubic yards of material while constructing a new residence. A new home was built on the property with an approved building permit. An as-built survey was submitted at the end of the project with new grading patterns located on the lot. The builder identified that roughly 90-100 trucks of excess soil was hauled off site. Each truck averaged 14 yards per load. An interim use permit is required for hauling over 500 cubic yards of materials to or from a site. Staff finds the plans would have conformed to the standards of IUP review if it was processed before the work took place. The material removal activity took place while the new home was under construction. Denial of the IUP would require the import of the exported material, resulting in additional truck traffic. As this is an after-the-fact IUP, the City Engineer had no opportunity to approve a haul route. Most times the City requests that heavy trucks minimize their time on city streets by getting to county and state roads by the most direct route possible. No public comments were received regarding the project and no complaints were made to either the Police or City Staff. McCutcheon asked if the work occurred before or after road restrictions were lifted. Oakden indicated she is not sure when the hauling took place. Rick Hendel, Hendel Homes, apologized for the oversight, which occurred because the homeowner changed landscaping plans midstream. The hauling occurred after road restrictions were restricted and it was never their intent to violate the City’s regulations. Libby stated an additional 13 dump trucks is noticeable to the neighbors, but under the circumstances, he has no objections to the after-the-fact IUP. Hendel commented it was really bad soil as well. Chair Ressler opened the public hearing at 7:03 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 7:03 p.m. McCutcheon commented there were a lot of moving parts and it appears to be an oversight. Libby stated given the amount of fill hauled, a before the fact application would have been more appropriate, but that he has no objection to the after-the-fact IUP. Erickson stated he is in support of the application as recommended by Staff.