Agenda Item Title:
Title
Goldberg Special Exception for
Cuts >10’ in the Sensitive Area Overlay
10 S Bentwood Lane
[Bell Canyon, Community #28]
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Presenter:
Melissa Anderson, Zoning Administrator
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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. T...
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