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Louisville City Council Meeting <br />October 2, 2001 <br />Page 7 <br /> <br />numerous barrels and containers labeled as containing oils, concrete mixtures and paint; <br />and 3) 5 storage tanks which, at one point, contained petroleum products. <br /> <br />With regard to grading, Wood stated that there was substantial discussion with the Parks <br />Department as to how Parcel A should be graded. The Open Space Advisory board <br />reviewed the proposal and recommended that Parcel A be used as park rather than open <br />space, which would require a more passive use. Wood stated that the applicant, Parks <br />Department and Engineers worked hard on the grading issue for Parcel A. He stated that <br />the grading plan was revised to provide a more gradual transition between Parcel A and <br />the residences to the east, and to possibly provide a more suitable space for a playground, <br />bike path, or other such use. The applicant would be responsible for the cost of grading <br />improvements. <br /> <br />Wood reported that staff and the applicant met with Mr. Mayhoffer concerning the ditch <br />along the north property line, and the ditch company's concerns about access and flow. <br />Also considered, was the desire of neighbors to retain as much of the visual cover as <br />possible while providing an appropriate level of maintenance to ensure safety of the <br />surrounding area. In that regard, Wood stated that the applicant has agreed to contribute <br />a total of $4,000, 50% of the estimated cost, to remove or prune any unsafe trees. <br /> <br />Concerning the PUD required in the Annexation Agreement, the fencing plan proposes <br />an open type fence between Parcel A and all the adjoining lots. This fence would be a 5' <br />split rail fence that will be installed and maintained by the HOA. All other locations <br />would be restricted to a 4' split rail fence. <br /> <br />Wood stated that the applicant is requesting setback relief from the underlying SF-E <br />zoning requirements. Wood noted that the proposed setbacks would comply with SF-LD <br />zone district, which has a larger lot size than the approved 18,000 SF lots. The proposed <br />setbacks for Lots 1-5 would be 30' front, 25' rear, and 40' combined for the sides. For <br />Lots 6-8, the proposed setbacks would be 25' rear and 40' combined for the sides. Wood <br />stated that the applicant is requesting the setbacks based on the smaller lot sizes, grading <br />considerations, and the desire to move the fronts of the homes with sloping backyards <br />closer to the street allowing a larger backyard area. <br /> <br />Wood stated that Resolution No. 48, Series 2001, brings forth one condition of approval, <br />that prior to the issuance of an overlot grading permit, the applicant shall certify to the <br />City completion of all abatement recommendations as identified within the Phase I <br />assessment report. <br /> <br />Davidson stated that he had asked City Attorney Light to speak to Council on the matter <br />of action on this item as it relates to the upcoming election and related ballot issue. <br /> <br />Attorney Light stated that it would be an inappropriate use of authority for Council to <br />delay or place a moratorium on the process of applications for this, or any, property based <br /> <br /> <br />