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Complete Date: <br />60 Day Deadline: <br />6/10/02 <br />8/9/02 <br />REQUEST FOR COUNCIL ACTION <br />JUL 0 8 2002 <br />CITY Oh OflOJvO <br />DATE: July 2. 2002 <br />ITEM NO.: <br />Department Approval: <br />Name Paul Weinberger <br />Title Zoning Administrator <br />Administrator Reviewed:Agenda Section: <br />Zoning <br />Item Description:#02-2793 Revis Stephenson <br />1850 Fo.\ Ridge Road <br />After-the-Fact Conditional Use Permit and Variance <br />Lbt of Exhibits <br />A Notice of Planning Commission Action <br />B Draft Planning Commission Minutes (June 1 7,2002) <br />C Side Elevation • Cross Section <br />Background <br />In November. 2001 the Council approved a Conditional Use Permit for land alteration on the property over <br />500 cubic yards. The project required clear-cutting the slope and depositing of3,280 cubic yards of fill. The <br />purpose was to create a gradual slope rather than the existing steep drop from the immediate back yard of <br />the house. <br />During routine inspections of the property it was determined that the amount of fill placed on the hillside <br />exceeds what was allowed by the Conditional Use Permit. A new survey completed by Gronberg and <br />Associates, dated 6-6-02. confirms the land alteration not only encroached beyond the project area, but is <br />beyond the property lines onto two adjacent properties. Staff also has identified areas where there is fill that <br />has been added within 26' of the protected w etiand. Staff mailed a letter on May 2,2002 ordering corrections <br />to the property. Staff initially requested corrections last winter and spring, but due to road restrictions and <br />the mild winter trucks to transport the fill from the property were not allowed to legally use Fox Ridge Road. <br />A May 16. 2002 deadline was established to correct the problem. Mr. Stephenson contacted Staff and <br />requested the opportunity to apply for after-the-fact permits rather than correct the problem at that time. <br />The application under consideration is to permit additional land alteration in e.xcess of 500 cubic yards and <br />an after-the-fact variance to permit fill to be located within 26' of the wetland. The CUP process allows the <br />City to notify surrounding propert> ow ners w ithin 350* and requires City Council approval for such proposed <br />projects. <br />Please refer to attached exhibits that compare the pre-existing, approved and actual elevations of the hillside. <br />The elevation of the back yard is 966'. Tlic lowest elevation at the wetland is approximately 938'. The total <br />drop of the hillside is 28'. The approved plan indicates an overall slope of 4:1. Typically, the City will <br />require grading projects have a finished slope of at least 3:1 . The existing slope with the additional fill