03-27-2013 Additions II - Laserfiche WebLink

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access and develop the 2966 Arcade property at that time. Yet it is now not acceptable (without due process) in order to vacate the easement. These issues with the proposed development drainage, removal of trees and street easement vacation are created due to the southwest curve of the proposed road leaving a minimum size lot #11 that requires the removal of at least 42 of the 62, 50' tall trees contracted to be saved along with the vacation of the easement in order to meet the minimum back, side and front setbacks. Our property is the most adversely impacted by this development with the planned removal of trees on the north to accommodate the drain basin and the planned removal of the pines on the east. The back 4 out of 15 houses in the planned development will be directly facing toward the private areas of our house with the smallest lots of the development bordering our property allowing for only the minimum set backs required by city code. In our meeting with the City Planner and Engineer, we briefly discussed shielding for privacy with tall conifer plantings with the City Engineer to protect our property if the pines are removed. We expressed concern that any new plantings would not be tall enough to create privacy with the height of the homes and higher grade level in the development. We agreed at the meeting that if shielding plantings were done, we would be amenable to allowing planting on our property if needed. We have not received any landscaping plans from the city or the developer at this time. The City Engineer also presented a plan in which Masterpiece Homes would purchase a portion of our back lot and add another lot to their development, making it 5 lots bordering our property (see map #3). We have not received an offer from Masterpiece Homes to purchase our back lot as shown in the attached plan developed by the City Engineer. As designed, we would choose not to sell the lot to Masterpiece Homes to develop an additional lot as it would make the 2925 Labore Road property less desirable to sell in the future with the property divided at an odd angle. We will lose any future access to this portion of our property with the vacation of the easement if the property is awarded to Masterpiece Homes. The City Council stated that it does not wish to landlock property yet that is exactly what you will be doing if the easement is vacated along the border of our land. A prescriptive easement has been established with over 26 years access through the 33' street easement to the back lot of the Bilek property. We have maintained the 33' street easement bordering our property for nearly 27 years exclusively as did the prior owner for the previous 27 years. If the street easement is vacated by the city without consideration for our access, we may file a legal claim to retain access to our back property. The City of Little Canada and Masterpiece Homes continue to push this development through without finding solutions. The Planning Commission and City Council passed the development plans with the stated intent that the issues brought up at the meetings be resolved and that no property is landlocked due to the development. Yet, here we