Agenda Item Title:
Title
Special Exception for Restoration in the
Sensitive Area Overlay with 30% or greater slopes
400 E Tonya Drive
[Sandy, Community #5]
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Presenter:
Melissa Anderson, Zoning Administrator
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Description/Background:
he applicant and property owner, Tully Fitzgerald and Megan Ashley Capdeville, are requesting a Special Exception for the property located at 400 E Tonya Drive. The request is for a restoration plan to grade and landscape the hillside with 30% or greater slope in the Sensitive Area Overlay (SAO) zone.
In March of 2025, the city was alerted to an unauthorized alteration of the protected slope area of this lot. Investigations confirmed areas of disturbance within the protected hillside area with 30% or greater slopes. After meeting with the applicant on-site and providing direction on the next steps to restore the hillside, code enforcement staff issued an administrative citation for a code violation on March 23, 2025. The applicant has been working with the city staff to prepare grading and landscape plans to restore the hillside to its original condition, and to address non-conforming structures that were constructed without authorization or permits by a prior homeowner. See Exhibits “B” and “C” for the applicant’s grading and landscaping plans for the proposed restoration of the site.
Please refer to the staff report and exhibits for details on this application.
Recommended Action and/or Suggested Motion:
Recommendation
Staff recommend that the Planning Commission grant a Special Exception to allow restoration of 30% or greater slopes in the Sensitive Area Overlay, as described in this staff report, for the property located at 400 E Tonya Drive, based on the following findings and conditions of approval:
Findings:
1. The applicant removed native vegetation and altered a protected 30% or greater slope in the SAO without permits or approvals of the City.
2. The City Engineer finds the protected slope areas could be closely restored to their native condition and be sufficiently stabilized with native vegetation.
3. City departments and divisions have preliminarily reviewed the proposed site, grading and restoration plan.
4. The City Engineer and Community Development Director recommend approval of the grading and landscape restoration plans, as proposed in Exhibits “B” and “C” (subject to the conditions listed below).
Conditions:
1. The applicant shall update the Phase I and II Grading Plans to address staff comments, as shown in Exhibit “B.” Staff shall review and approve those final plans prior to issuance of a grading permit.
2. The applicant shall restore the hillside in accordance with the approved Grading and Landscape Plans and meet all conditions of approval.
3. The applicant shall work with the neighboring property owner to the east to restore the portion of their rear yard impacted by the grading and equipment. The final grading and landscape plans shall be expanded to included those areas.
4. The applicant shall revegetate disturbed areas of the hillside and install temporary irrigation to replace what has been removed, in accordance with the approved Landscape Plan.
5. The applicant shall implement and complete the approved Phase I Grading and Landscape Revegetation Plans by May 1, 2026.
6. The applicant shall work with city staff and the Administrative Hearing Officer to close out the administrative citation per Section 21-15-7 of the Land Development Code.
7. The applicant shall remove the non-conforming structures (garage, carport and shed) in accordance with the approved Phase II Grading Plan. A certificate of non-compliance shall remain on the property until the Phase II Grading Plan is implemented and completed.