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<br />I.. ... <br /> <br />VI I I-A-2 <br /> <br />MEMO <br /> <br />To: <br />From: <br />Date: <br />Re: <br /> <br />Honorable Mayor and City Council <br />Tom Montgomery <br />July 28, 2004 <br />Appeal Order to Remove Retaining Wall and Fill in Ponding Basin Easement- <br />1328 Eagle Bluff Drive <br /> <br />Enclosed is a request from Don Hartinger, 1328 Eagle Bluff Drive, appealing City <br />staff s order to remove a retaining wall and fill that was constructed in the backyard over <br />a drainage and utility easement for the ponding basin. By placing fill in the ponding <br />basin, Mr. Hartinger has reduced the design capacity of the ponding basin, though the <br />consultant who designed the ponding basin has calculated that the fill will result in only a <br />Yo inch rise in the flood level of the pond. <br />I have enclosed a copy of the development grading plan for this area and photos <br />of the Hartinger's back yard retaining wall and fill. <br /> <br />BACKGROUND INFORMATION <br />A certificate of survey is required for all new home construction to verify that lot <br />grading meets the development grading plan. The lot is then surveyed to ensure that <br />grading was completed according to the approved plan. Mr. Hartinger's retaining wall <br />and fill were placed after the lot grading had been checked and approved. <br />Developers or homeowners who want to change the lot grading from the approved <br />deyelopment grading plan have been required to have the consultant who designed the <br />development grading plan submit the modifications for review. In this way, the designer <br />is able to account for impacts the modification may have on the rest of the development <br />grading design, and the City does not incur liability for revising a grading design. <br />While aware that an easement crossed his backyard, Mr. Hartinger has stated that <br />he was unaware that his backyard slope was part of a ponding basin. A building permit is <br />not required for small landscape retaining walls similar to the one installed by Mr. <br />Hartinger. <br /> <br />STAFF RECOMMENDATION <br />I am recommending denial of Mr. Hartinger's appeal. There are over 30 ponding <br />basins throughout the City with hundreds of homes backing out onto these ponding <br />basins. Any request to fill part of these ponding basins to create <br />more usable yard space would be denied by staff in order to <br />protect the integrity of the storm water system. <br /> <br /> <br />- <br />cITY OF HASTIN6S <br />