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HomeMy WebLinkAboutApplicant Response to Staff Report~~ MUTUAL TRUST January 12, 2010 City of Meridian 33 E. Broadway Ave., Suite 210 Meridian, ID 83642 ATTN: Bill Parsons, Associate City Planner RE: MFP-09-003 Bienville Square -Response Dear City Council: .RECFTVF D JAN 11 1010 CITYOFCf~E „~,N CITY CLERKS OFFICE This letter is in response to the Staff Recommendation outlined in the Staff Report prepared for the January 12, 2010, City Council hearing regarding IMT's request to have the subject masonry wall approved in its as-built state. The Staff Report states that the wall was built with the approved building materials but lacks some decorative elements that were depicted in a sample photograph that was attached to the final landscape plan. Based on this reasoning, the Staff recommends that the City Council approve Idaho Mutual Trust's (IMT's) request to approve the wall as-built, but proposes to add a requirement that IMT remove the top layer of the wall and replace it with a "decorative cap stone." IMT urges the City Council to accept the wall in its current state for the following reasons: - Removing the top layer of the wall may damage its structural integrity. - Removing the top layer of the wall will result in economic and environmental waste; - The approved landscape plan does not specifically require a capstone; and - The current wall already has a custom hand-molded mortar cap. Structural Integrity: There has not been an analysis made by an engineer to determine if removing the top layer of the wall would compromise the structural integrity of the wall. Accordingly, additional costs would be incurred to involve an engineer and potentially make additional alterations to the structure to ensure its safety. Economic and Environmental Waste: Tens of thousands of dollars were spent building the wall. It is complete and its current decorative qualities are appealing. City Council would be requiring IMT to commit economic waste if it required IMT to spend tens of thousands in additional dollars in the hopes that some people may find a new cap stone replacement more appealing. Furthermore, tearing off the top layer of the 1,100 linear feet wall would result in tons of rubble going to the landfill, thus creating unnecessary environmental waste. 12594 W. F.xplorcr llr. ~ Suitc 100 ~ Boise, 1 D 83713 ~ 'I': (208)-287-3000 ~ 1~: (208)-639-8169 ~ idahomutoaltrust.com Plans: The approved landscape plans do not specifically require a capstone. The only reference to a capstone is in a picture that was attached to the plans as an example of what a decorative split- faced masonry wall looks like. The Staff Report acknowledges that the subject wall is a decorative split-faced masonry wall. IMT requests that the City Council find that the wall has been build pursuant to the approved plans. Cap: The current wall has a rounded top. It is not feasible to add another cap row on top of it because the top of the wall does not consist of straight edges to allow structural bonding of a weighted top cap. The wall that was approved and that exists was meant to provide a sound buffer and site block between the neighboring community and Bienville Square. It was negotiated from being a simple cedar or vinyl fence to eventually taking form as a masonry wall. The reason for the masonry was to provide a significantly greater buffer for the neighbors involved and the current wall fulfills this purpose. There are 6 neighboring property owners that abut the wall. Three have signed agreements with us that they are satisfied with the subject wall. One more is pending signature based upon a gate they would like installed over an irrigation easement (which does not have to do with the masonry wall). There is one primary neighbor we are aware of who is dissatisfied with the wall. IMT acquired this project through foreclosure on September 10, 2009 and has been diligent in picking up the pieces ever since. IMT did not build the wall. The wall was built in 2008. IMT has continued to put forth the appropriate effort, expertise, and money to get this project to a point where it is able to move forward. To date, IMT has spent approximately $300,000.00 completing and satisfying conditions. To date, all improvements and obligations set forth in the original development agreement entered into by the City of Meridian are on schedule to be completed and satisfied. In sum, IMT asks City Council to approve the wall in its current state based upon the merits of its construction and substance. IMT can continue to focus its efforts and resources on building the quality community that everyone intended it to be in the City of Meridian. Sincerely, Dan Bureau Idaho Mutual Trust