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TO: HONORABLE MAYOR HOVLAND <br />HONORABLE COUNCIL MEMBERS <br />PLANNING COMMISSIONERS <br />RE: PERPETUAL EASEMENT BUFFER IN THE <br />50TH & FRANCE SMALL AREA PLAN <br />MARCH 31, 2019 <br />We respectfully request that the green strip of land representing the Easement Buffer in <br />the U.S. Bank site be excluded from the 50th & France SAP study area. <br />As was petitioned in December (in reaction to earlier erroneous concept drawings of this <br />land) the buffer is a legally protected perpetual easement inuring to the benefit of <br />property owners of the 4900 block of Maple Road. It is zoned R-1. <br />We appreciate that the SAP Work Group responded in part to that petition. In revised <br />SAP concept drawings the buffer is a green strip noted as "to be preserved." Yet, other <br />illustrations in the SAP misrepresent the protected nature of the easement and its <br />current zoning. Please see: <br />Page 30: Existing Land Use, Figure 3: "Commercial" <br />Page 32: Future Land Use, Figure 4: "Mixed Use Center" <br />To assure absolute clarity now and in the future, and to avoid misguided perceptions <br />due to inconsistent language and contradictory concept drawings in the SAP (tools that <br />developers will see as they reimagine the U.S. Bank site) we request that the boundary <br />of the SAP study area be redrawn to exclude the Easement Buffer altogether. <br />Further and pursuant to our December 18, 2018 petition, we request that the protected <br />area remain zoned R-1 subject to applicable setback rules; and that any buildings <br />constructed and subject to such setback rules be limited to current height restrictions. <br />All property owners of the 4900 Block of Maple Road representing the Benefitted Lot <br />homeowners of this protected easement have signed this petition on the attached <br />pages. We have also attached legal documents representing key history of the affected <br />lots and easement buffer. <br />Finally, we respectfully request a direct response to our concerns as to how the city <br />plans to address them. <br />Submitted on behalf of the 4900 Block Owners of Maple Road: <br />Dayna Deutsch, 4921 Maple Road