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t � . MEMORANDUM To: Street File - 517 North Ferndale Road From: Mike Gaffron, Asst. City Administrator Date: April 18, 2012 Subject: Land Alteration Permit A demolition permit to remove the pre-existing residence and two small accessory buildings on this property was issued on October 12, 2011. The residence structure was subsequently removed and fill presumably brought to the site to fill in the hole left from removal of the house and foundation. On or about January 23-24, 2012 additional fill was brought to the site by Burns Excavating without having obtained a land alteration permit. A Stop Work Order was issued on January 24 and the City followed up with requests for information and the appropriate after-the-fact permit application. The initial report by property owner Perry Schmidt was that approximately 300 cubic yards of fill was brought in by Burns. As part of the preparation for issuance of a permit, Gronberg & Associates conducted an as-built topographic survey (dated 2/7/12) after the Burns fill occurred. A survey on file dated 9/14/11 established the pre-demolition topography of the site. There is no interim survey that would establish the contours after demolition but before the Burns filling activity of January 23-24. Gronberg's initial estimate of total fill added to the site based on the 9/14/11 and 2/7/12 surveys indicated an amount somewhat in excess of 500 cubic yards, which would trigger the need far a Conditional Use Permit. Subsequent information provided by Burns suggests that only 360 yards of fill were brought onto the site in January. Gronberg has corroborated this with a statement that his initial calculations included both fill used to complete the demolition and the fill brought in later by Burns; and that the 360 cubic yards shown on the haul slips may in fact be accurate. Absent further solid evidence of an exact amount of fill brought to the site, the City will issue an after-the-fact land alteration permit (double fee) for the fill that occurred in January, subject to the following conditions and advisories: 1. Issuance of this permit in no way should be construed as having established a new `existing grade' for use in determining the building height or number of stories for any new home proposed to be constructed on the site. The grades existing at the time of the survey dated 9/14/11 will be used to determine the height & stories of any new house proposed. 2. No additional fill may be brought onto the site under this permit. 3. Property owner is subject to City and MCWD erosion control and wetland protection regulations. Proper erosion control measures shall be implemented and maintained until the site is revegetated. 4. Property owner is advised that construction of a new home on the property will very likely trigger City requirements for establishment of wetland buffers. The wetland on and adjacent to the property is mapped as a Preserve classification which will require 50' buffers plus a 20' structure setback. 5. The 2/7/12 survey indicates the limits of grading have not impacted the tested septic system sites. Issuance of this permit should not be construed as acceptance that those sites have not been impacted by the fill activity. The City makes no conclusion as to whether those sites have been impacted. THIS MEMORANDUM IS TO BE ATT aCHED TO THE LAND ALTERATION PERVIIT Page 1 of 1