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I <br />&■ <br />Zoning #1623 <br />April 19, 1991 <br />Page 2 of 2 <br />Regarding the after-the-fact fees. Planning Cominission felt <br />that it was outside their authority to recommend anything other <br />than payment of the after-the-fact fees. They suggested the <br />applicant would have to discuss that issue with the Council. <br />They applicant correctly states that some of the fill is <br />needed to protect his neighbors* mound system from occasional <br />ponding of water. This was brought to the attention of Dr, <br />Richardson's predecessor prior to construction of his home, and <br />to the affected neighbor, in 1983. Apparently, whatever finish <br />qi^nding was done at that time did not solve the problem. <br />Council has the option of requiring the double fee for just <br />the conditional use permit application ($200), just the land <br />alteration permit fee ($75.00) or both. A copy of the fee <br />schedule wording is attached. <br />Although staff would argue that not all 500 cubic yards of <br />fill are necessary to protect the neighbors* mound, applicant may <br />have been attempting in good faith to solve a drainage problem <br />that affects his neighbor. It may be reasonable to waive one or <br />both of the after-the-fact fees at Council*s discretion. <br />Staff Reoo dati< <br />Staff recommends approval per the Planning Commission <br />recommendation. A resolution reflectint that recommendation is <br />attached. The resolution reflects payment of both zoning <br />application and land alteration permit after-the-fact fees, but <br />could easily be revised if Council so desires.