06-21-1993 Planning PacketC - Laserfiche WebLink

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JUM U. Ittl r»9« 2 fl sinql* driveway, fiaithar tha daclaratlon nor Rasolution 2*5; prohibits sidewslks. Tha stalf concarnad that if only one drivaaay is parsittad, and sidavalha ara not spacificaliy discussadf that thay ara proliibitad bacausa no qradii^ Is In tha 50-foot sona. Tha Fiqqa’s position is that duo to tha savara alavation change at tha rear of thair houaa, as c<»itrastad to tha ralativaly flat alavation fros tha front door of tha housa to tha •traat. tha topography is distinct fros othar lots in Sugsrvoods. In Addition, thair housa is ralativaly close to tha straat coBparad to othar housas and othar lots bacausa thair property falls off to the rear. Also, as a rasult of tha topography falling off to the rear, thara is ralativaly llttla spaca in tha front of tha housa or at tha sida of tha housa outside tha 50- f'oot restricted lone with in which to put a driveway, parking area and pedestrian access to tha housa. ><hen the houses In Sugarwoods are constructed in each instance scara *grading* ha* to be dona fros tha straat to tha house to install tha sewer line. Such is tha case with regard to the Figga rasidanca as •all. Thus, the city understands that not all grading is prohibited within tha 50-foot restricted rone. In addition, whan tha grading wav dona for tha installation of tha sanitary sawar line no largo trees ware rasovad. No large trees will be resoved to install the sidewalk. Tha sidewalk will be over tho sanitary sewer line where grading has already occurred. The declaration doss not prohibit sidewalks. In fact, it centions thea at Article IX, Section 16(e) as counting (appropriately) as hardcover, or "Covered Area". Tha Pigga's Covered Area at 60.7% is wall below tha maxisus peraitted of 80%. Presuaably tha prohibition against "grading" is intended to prevent substantial earth additions, subtractions or aovoaent within ths 50-foot tons which would sltsr the land and thus taks ,;jvay fros ths naturally occurring slsvations and topography, ths variety of which is one of ths ssthstic sJesents in Sugarvoods being protected. In fact, no "grading" is nssdsd to install the sidewalk. It lays on the existing elevations following the slope of tho land, so the sidewalk does not contravene the purposes of tha "no grading" rule. The Figge's believe that it is reasonable given the topography of their lot which falls off steeply to the rear, and tha consequent ralativaly ssall size of their actual usable lot area and the restriction it therefore places on the size and extent of their driveway and parking area, and in view of tho fact that their house is relatively close to the street and there