Agenda Item Title:
Title
Goldberg Special Exception for
Cuts >10’ in the Sensitive Area Overlay
10 S Bentwood Lane
[Bell Canyon, Community #28]
Body
Presenter:
Melissa Anderson, Zoning Administrator
Body
Description/Background:
The applicant and property owners, Wes and Kristen Goldberg, are requesting a Special Exception for the property located at 10 S Bentwood Lane. The request is for cuts greater than 10 feet in the Sensitive Area Overlay (SAO). See Exhibits “B” through “E” for the applicant’s request with landscaping and grading plans.
The subject property is a 0.82-acre legal lot in the Pepperwood Phase 11C Subdivision (see Lot 1112, Exhibit “G”). The lot is in the PUD(1.62) zone, and within the SAO. The subdivision plat shows the subject property has a delineated non-buildable area with a 30% or greater slope. This site is bordered by single-family homes to the north, south, east, and west.
In 2022, a building permit was issued for construction of a new single-family home on the subject property, which met the standards of the SAO (see Exhibit “F”). In December of 2023, the City was notified of a possible encroachment into the protected slope and property line due to a deep cut into the hillside. An investigation revealed that the rear portion of the garage was not constructed consistent with the approved grading plan and there was a cut exceeding the 10-foot maximum and setback to provide clearance around the new dwelling.
City staff has collaborated with the property owner to determine the best course of action to finish the project and remain compliant with the code. The applicant’s team has worked in good faith with staff to revise the grading plan and comply with the SAO requirements. All retaining wall designs were revised, as well as the full grading plan and landscape plan. With the revised plans, only one special exception is requested; no alteration of the protected 30% or greater slope has occurred or requested. The applicant’s request would allow a cut of greater than 10 feet at the rear of the RV garage for a width of six feet to avoid having to de-construct and rebuild the rear of the garage and allow pedestrian access around the structure.
See the attached staff report and exhibits for full details of the request.
Recommended Action and/or Suggested Motion:
Recommendation
Staff recommends that the Planning Commission grant a Special Exception to allow a cut greater than 10 feet in the Sensitive Area Overlay for the property located at 10 S Bentwood Lane, based on the following findings and condition of approval:
Findings:
1. City departments and divisions have reviewed the proposed grading plan.
2. The City Engineer has determined that the proposed grading plan will better consider the slopes of the lot, avoid encroachment into the protected slope and neighboring property, and makes use of the natural terrain to ‘staircase’ the landscaping into the native slopes.
3. The City Engineer and Community Development Director recommends approval of the revised grading and landscape plans, as proposed in Exhibits C, D and E.
Condition:
1. The applicant shall comply with the grading and landscape plans as proposed in Exhibits C, D and E.