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Stormwater Infiltration Program <br />Staff Response to Appeal <br />2009-2010 Street and Utility Improvement Project <br />Property Address:2600 Sherwood Road <br />Basis for Appeal:Multiple – Maintenance, Physical <br />Date of Appeal:October 29, 2008 <br />Date of Appeal Hearing:November 10, 2008 <br />Staff Recommendation:Denial <br />Basis for Staff Recommendation: <br />The property owner has not presented any objective supporting information for <br />their appeal. The argument presented by the property owner is based on personal <br />opinion, supposition, emotion, and a general opposition to the SIP. The standard <br />for upholding the appeal has not been met. <br />Discussion: <br />The property owner states eight numbered points in their written argument on the <br />appeal form. A response to each is stated below: <br />1.The property owner is stating their personal opposition to the SIP, their <br />opinion that this is unfair, and that they receive no benefit. The City must <br />incorporate water quality and volume controls as part of the project in order to <br />meet the requirements of the Rice Creek Watershed District. The locations <br />have been selected based on drainage characteristics and existing physical <br />obstacles. The locations provide the maximum and most effective benefit to <br />the overall City stormwater management system as a whole, while minimizing <br />impacts to the existing properties. Unfortunately, the goal of the SIP is not to <br />provide direct benefit to individual properties. <br />2.The property owner contracts their yard maintenance, therefore there is no <br />hardship due to their age or physical abilities. The infiltration feature will be <br />readily maintainable by the contract service. The maximum drawdown time <br />for the feature is 48-hours. Therefore, while there may be a short period of <br />time immediately following a rain event where water is standing in the swale, <br />it should be reasonable for the maintenance service to plan their work <br />accordingly and continue regular maintenance.