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Date Application Received: 05/20/2024 <br />Date Application Considered as Complete: 06/12/2024 <br />60-Day Review Period Expires: 08/11/2024 <br /> <br /> <br />To: Chris Bollis and Planning Commission Members <br /> Adam Edwards, City Administrator <br /> <br />From: Laura Oakden, Community Development Director <br /> <br />Date: 15 July 2024 <br /> <br />Subject: #LA24-000027, Bruce Boeder o/b/o SF Real Estate LLC 3295 and 3345 Fox <br />Street, Fullerton Estates, Easement Vacation and Interim Use Permit <br />PUBLIC HEARING <br /> <br /> <br />Background <br />The applicant represents the owner of both properties and is requesting approvals in order to <br />move the existing stormwater pond from one property to the other. The Fullerton Estates plat <br />required creation of a stormwater pond and drainage easement on the 3295 Fox Street <br />property. The applicant proposes to vacate the current drainage easement and fill in the <br />existing stormwater pond; a new, replacement pond is proposed on the 3345 Fox Street <br />property. A replacement drainage easement will be dedicated over the new pond/drainage area <br />to address stormwater within the Fullerton Estates plat. <br /> <br />The project requires an interim use permit (IUP) due to the size of the disturbance. The total <br />disturbed area is 1.59 acres (69,2602 sq. ft.). The applicant would like to begin this project in <br />the fall of 2024 and will restore the area with natural plantings in 2025. <br /> <br />The applicant provided a narrative and drawings detailing how the proposed changes affect <br />each lot in question, attached. <br /> <br />Applicable Regulations: <br />Interim Use Permit (Section 78-1726) <br />An IUP is required when substantial land alterations are proposed that are not associated with a <br />construction permit. Within the Shoreland Overlay District, a project that disturbs more than <br />2,500 cubic yards or over 10,000 square feet of area, results in more than 500 cubic yards of <br />imported/exported material, and/or includes stockpiling of material for more than 180 days <br />requires an IUP. The project will disturb approximately 8.9 acres (387,684 sq. ft.) with 1.59 <br />acres of total disturbed area which triggers the need for an IUP. <br /> <br />Easement Vacation Analysis <br />The applicant has indicated that the current easement has created unintended challenges for <br />their currently vacant lot at 3295 Fox Street. The location of the pond limits the usable building <br />envelope to the rear of the current parcel and the current drainage easement bisects the entire <br />Application Summary: The applicant requests approval to fill in and relocate a stormwater <br />pond including vacation of the drainage easement. An interim use permit is required to create <br />a replacement pond on the adjacent property. A new, replacement easement will be dedicated <br />over the new pond. <br />Staff Recommendation: Planning Department Staff recommends approval. <br />62