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Staff Report to the Planning Commission Lands of Ascension Development LLC 26491 Ascension Drive June 5, 2008 Page 8 of 18 generally conform to the limitations of the Town Grading Policy and the existing hillside terrain. However, the Planning Commission has the discretion to approve grading levels beyond standard requirements when the individual site dictates the need to deviate from the criteria. If the Commission decides to approve the project as proposed, staff should be directed to prepare findings for approval of the Grading Policy Exception. Neighbor Concerns Throughout the plan review process the applicants have contacted the neighbors in an attempt to resolve issues raised by Ashfaq & Ruma Munshi at 26450 Ascension Drive and Vince Zunino at 26555 Ascension Drive. (Attachment 3) On February 24, 2008, Mr. & Mrs. Munshi submitted a letter to the Town detailing their concerns regarding the project (Attachment 4): o The removal of heritage oak trees prior to submittal of the application for Town review without first obtaining a permit The applicants have confirmed the removal of two (2) heritage oak trees and staff recommends their replacement per condition of approval #6. o Because the street is narrow, parking along Ascension Drive will create safety issues. The Munshi's did not wish to have construction parking along the street or in front of their properties. The applicants have submitted a construction operation plan which shows that all construction parking will be located on the site, for the Commission to review (Sheet C-6) On April 24 and May 28, 2008, Mr. Zunino submitted letters to the Town detailing his concerns regarding the project (Attachment 5): o Sunlight encroachment -the proposed driveway along the north side property line will not allow for screening trees to be located closer to the house, the trees will need to be located closer to the north property line which will interfere with the sun light into his pumpkin patch. The applicants have submitted a preliminary screening plan as well as a section view of the landscaping along the north property line for this area which shows the maximum height of 15' screening trees which would be placed so as not affect