11-09-1998 Council Packet - Laserfiche WebLink

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#2341 - Little Orchard Easement November 6,1998 Page 3 Easement Relocation vs. Variance At the October 26 meeting 1 indicated that a compromise was likely possible in regards to the easement location. Council has the ability to redefine the easement boundary wherever you see fit; however, you cannot arbitrarily establish the 'top of the bluff at a location other than the technically correct location arrived at based on the code definition. Therefore, placement of the house at a location less than 30 ’ from the defined 'top of bluff would require a variance regardless of where you choose to locate the easement boundaiy. If the final proposed house location requires a variance for setback from top of bluff. Council may wish to indicate to applicant w hether a variance would be granted if a hardship is shown. As of my site inspection with Kyle Hunt at 9:00 a.m. on November 6 the house was staked as shown on Exhibit A. The technically correct 'top of bluff is not shown on Exhibit A nor was it staked in the field this morning. This proposed house location jeapordizes the 36" oak tree as well as the two maplesf?) that are close together. This location also requires a variance to the bluff setback based on staffs top-of-bluff depiction. Mr. Hunt agreed that the house should shift to better protect the trees. He indicated he may be submitting a revised plan from that staked in the field. That plan has not been submitted as of this w ritinu, but may arrive in time to include in this packet. Staff Recommendation The bluff setback issue is difficult to deal with, since a variance for new construction will require a Council conclusion that a hardship exists. Council should visit the site with Mr. Hunt to visualize the impacts the house location w ill have on existing trees, and to help you in determining whether a variance application might meet with success. Staff recommends that an easement be retained that will meet the City's tree preservation goals. It is not necessary that the easement boundaiy match the technically defined 30' top of bluff setback line, but it should not be downhill from that line. It should be located at least 10' from any trees you want protected. COUNCIL ACTION REQUESTED Review the new^ information and provide staff with direction as to relocation of the easement boundary.