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a <br /> 2. The wetland setback encroachments approved for this site by the City were for a �a <br /> structure on Lot 1 that was no closer than 5' to the wetland"finger", which <br /> allowed for a structure up to 80' in total length and still being within the 41' x <br /> 86.5' lot boundaries. For Lot 2, which is offset 30' from Lot 1, buffer <br /> encroachments were approved that would allow for a structure 90' in total length, <br /> generally within the easterly 90' of the 97' x 40' lot boundaries. In both lots,the 7j� ° <br /> approved footprint and approved encroachments did not allow for a house <br /> extending the full length of the lot. In Lot 2, however,the encroachment only <br /> encompasses the southwesterly 10', so conceivably some portion of the house not <br /> affected by either the City's 26' setback requirements not the Watershed's 35' 7i�� <br /> buffer requirements could make use of the full 97' length of the lot. <br /> 3. We believed that the Watershed District approved a buffer plan that did not <br /> follow the strict 35' setback from the wetland"finger"but drew a straight line 50' <br /> in width that would allow the originally proposed homes to be constructed, but �� � <br /> similar to the City's approval, did not allow for complete use of the entire length <br /> of the lots. In both Lots 1 and 2,the southwesterly corners of the actual lots are <br /> within the 35' buffer and can't be built on. <br /> To confuse the issue, I have now obtained the official attachment to the MCWD <br /> buffer agreement that establishes where buffers are required. This is Landform <br /> Sheet C3.9 dated February 7, 2003 which James Wisker of MCWD emailed to `l��p � <br /> me at my request on February 7, 2008, coincidently. The City previously had <br /> never been provided with a copy of this sheet as approved by MCWD. <br /> Sheet C3.9 has a huge impact on the issue of the side yard of Lot 1. Sheet C3.9 r� <br /> shows a replacement ("new") buffer to be located along the side lot line of Lot l, � � . � <br /> effectively negating the ability to expand southward from Lot 1. �G �,�' <br /> Sheet C3.9 does not match Landform Sheet C3.8, last revision date January 22, <br /> 2003, which apparently is the original wetland/buffer plan provided to the �� , <br /> MCWD. My conclusion is that Sheet C3.9 reflects the revisions to C3.8 that the <br /> MCWD ultimately required. <br /> Additionally, to add to the mix, we have been working off of Landform Sheet <br /> C2.5 dated October 28, 2005, the Buffer Monumentation Plan, which makes no �0.-' <br /> mention of, and does not depict, the additional side yard buffer that appears on . <br /> C3.9. As a result, when I discussed with you the potential for a side yard deck on <br /> February 13, I was unaware that my suggestion was in conflict with the approved <br /> MCWD buffer plan. <br /> Building Permit Review <br /> 4. On January 29, 2008 we received your first plan set for these two lots. The <br /> survey and plans indicated for Lot 1 a building of total length 86' +that �. <br /> encroached closer than 5' to the wetland and with a cantilever actually over the <br /> wetland, where both features had to be at least 5' from the wetland based on the �, <br /> I�,�. <br /> VI <br />