Letter from Doug Allen and Ann Healey-Allen 01-11-2015January 11, 2015
Dear City Council Members,
We urge you not to approve the proposed amendment to the Conservation Easement for 2224
lukewood Drive. We own the property to the west of the proposal and are opposed to the amendment
for the reasons as outlined below.
This City Council meeting is the only opportunity provided for public comment on the proposed
amendment. We reviewed the meeting minutes for the Planning Commision meetings for October,
November, December and January and did not find mention of this issue. We received notice of this
amendment and related City Council Meeting in the mail last Monday, January 5. The notice stated that
written comments were to be submitted no later than the following day, January 6. This is not sufficient
time to properly research the issue. Further, the on-line information available was incomplete for any
citizen to make an informed decision on the issue. The drawings were incomplete and did not show the
required fence or the full Conservation Easement area. Also, the information did not provide a copy of
the existing Conservation Easement and implied that it only protected the trees, not the entire
environment.
This Conservation Easement, and others like it, are put in place for the good of the environment and
entire city. They are put in place for the general enjoyment of the city's residents, to support vegetation
and wildlife and for the long term public good. They are sound environmental planning with long term
benefits. Approving this amendment sets the precedence for creep and abandonment of other
conservation easements in our neighborhood and throughout the city. This will have a negative impact
on our residents and the environment.
The Conservation Easement protects many aspects of the environment and is not limited to prohibiting
the removal of trees; the full document is attached. Specifically, it grants "the city a permanent
conservation easement... over, under and across the premises..." In addition to protecting trees and
vegetation, the Conservation Easement states that "the following are prohibited in perpetuity on the
subject property:"
A. "Constructing, installing or maintaining anything made by man, inclu-6ng »mut not limited to
structures, buildings and walkways". Any pool, patio or fence are manmade and would
therefore violate this provision.
B. "Excavation or filling". The proposed in -ground pool requires significant excavating and
therefore violates this provision.
C. "Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife".
Several varieties of wildlife travel through the Conservation Easement daily and seasonally.
These include but are not limited to deer, ducks, ducklings, coyote, fox and turkey. The
amendment would restrict these natural movements of wildlife as well as negatively impact
the scenic beauty of the area. Therefore, this provision would be violated.
The proposed amendment extends into the Conservation Easement further than is necessary for the
pool and deck design shown. As illustrated in the attached drawing, the amended area extends 16.5
feet to the north of the concrete deck when the fence could be placed adjacent to the deck. The
amendment also extends 25 feet to the east of the pool deck, and 8.5 feet east of the fence. We
question the need for this expansive space in the amendment and recognize that it would allow for a
changing building, gazebo, storage building or other man made structure to be built. Approval of thi<.
large amendment to the Conservation Easement would allow additional modifications to the
Conservation area in unlimited ways, beyond the pool plan shown, by all future property owners.
The proposed design can be located outside the Conservation Easement. The proposed design is 25 feet
across. There are more than 25 feet between the porch and the southern edge of the Conservation
Easement. The hash marked area on the attached drawing illustrates how the existing design could be
placed outside the Conservation Easement.
In summary, we are not opposed to our neighbors enjoying their property and building a pool.
However, the proposed design violates three key areas that are prohibited by the Conservation
Easement: the building of manmade structures, excavating and executing any activity detrimental to the
wildlife and the scenic beauty of the conservation area. The design can be executed without approval of
the amendment. We urge you to oppose the amendment, thereby protecting our environment and the
further creep of similar easements.
Sincerely,
Doug Allen and Ann Healey -Allen
2250 Lukewood Dr.