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Council Exhibit C <br />Conipictc Date: <br />60 Day Dcadliae: <br />6/10/02 <br />8/9/02 <br />REQUEST FOR COUNCIL ACTION <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 />I8S0 Fox Ridge Road <br />After-the-Fact Conditional Use Permit and Variance <br />List 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^iroperty over <br />500 cubic yards. The project required clear-cutting the slope and depositing of3,280 cubic ^ds of fill. The <br />purpose was to create a gradual slope rather than the existing steep drop from the immediate b(.ck 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 tftd <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 wetland. 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 esublished 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 excess of500 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 property owners within 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*. The lowest elevation at the wetland is approximately 938*. The tot^ <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