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� � Melanie Curtis From: Melanie Curtis Sent: Tuesday, August 04, 2015 2:10 PM To: 'Jim Kelly'; 'MargareY Cc: Jeremy Barnhart; Christine Mattson Subject: RE: 1855 Concordia Street escrow and hardship Jim I have reviewed your request with Christine and have the following comments: On April 14, 2014, the City issued a permit allowing for the removal of 3 trees exceeding 6" in diameter within the 75' setback from the lake. In July prior to obtaining permits from the City the following activities were conducted: • vegetation removal in the yard areas, • grading of the yard areas, • removal of a wooden walkway along the southwest side of the house and installation of a new boulder wall. A Stop Work order was issued on ]uly 3, 2014. Myself and the City's engineer met with you and your contractor on site a number of times in an attempt to gain an understanding of your plan to remove understory vegetation and conduct some minor leveling of the yard to prepare for sod. Based on the discussions and description of the intended work, Staff issued an after-the-fact administrative Zoning Permit for land alterations (which allowed up to 10 cubic yards of disturbance within the 75-foot setback). You were informed of the limitations of the permit. As the work progressed it was noted by the City that the extent work exceeded the zoning permit and it appeared additional trees within the 75-foot setback had been cut. A 2�d stop work order was issued on July 23, 2014. To permit the grading of greater than 10 cubic yards, an after the fact conditiona! use permit (CUP) was requested in order to complete the land alteration activities within 75-feet of the lake which exceed 10 cubic yards. This CUP was issued by the Council at their September 22�d meeting. A before-the-fact request far approval to conduct the amount of disturbance and activiry on the property would have resulted in the following fees: 1. A CUP application fee of$700; 2. An adrninistrative permit fee of$50; and 3. An escrow payment of$2000. After the fact fees are double standard fees to offset the additional time and resources necessary to compel action on an application, usually associated with enforcement activity, as was the case here. Due to the after-the-fact (ATF) nature of the project you paid the following: 1. An ATF (double fee) administrative permit fee of$100; 2. An ATF CUP fee of $1400 ($700 + $700); 3. An escrow in the amount of $2000 for the CUP ($700 w/ the administrative permit plus $1300). This results in a total of$800 in after-the-fact fees which is consistent with your analysis. You may at this time request the City Council consider refunding the $800 ATF fees. Based on the amount of time spent on this project, staff would not recommend the Council approve a refund at this time. If you wish to make a formal request to the Council for a refund, please forward to my attention a written request, and any supporting information you feel prudent for the Council to understand your request. I will place it on an upcoming Council agenda for their consideration and let you know the date. Finally, please note, as directed by the Council staff will be making an annual inspection to your property in the next few weeks to document existing vegetation and tree viability. A subsequent inspection is also required to be conducted next year during the growing season. See the attached resolution, page 4; condition #10. Thank you- Melanie 1