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Commissioner VanScoy asked if there is rationale between the 35 feet and 45 feet mentioned in <br />the case. <br />Senior Planner McGuire Brigl stated that the berm will range from three to four feet and therefore <br />some properties would have more of a berm than others. She stated that because of that some <br />people would not get the full benefit of the berm and therefore an additional ten feet was added. <br />Commissioner VanScoy asked how many times an outlot has been used for transitioning in the <br />past. <br />Senior Planner McGuire Brigl commented that the developments are handled on a case -by -case <br />basis. She stated that some have been deeded to neighbors, some have been done under easements, <br />and the outlot has been introduced as a new tool. <br />Commissioner VanScoy stated that he did not recall something like this situation. He stated that <br />creating a 45-foot outlot and asking the developer to provide the additional space has taken away <br />some of the lot space. He noted that previously that transition area would have been the whole lot <br />with an easement. He stated that perhaps that ordinance should be revisited. <br />Senior Planner McGuire Brigl confirmed that in attempting to address one enforcement issue, <br />another issue has arisen. She agreed that it would be appropriate to review the ordinance in the <br />future. <br />Commissioner Anderson stated that there will be a similar issue any time there are 80-foot lots or <br />larger abutting a new development. <br />Chairperson Bauer agreed that it would be appropriate to review this ordinance. <br />Senior Planner McGuire Brigl confirmed that staff would have time to review that as there are not <br />any anticipated developments in the near future that would require transitioning. She noted that <br />these calculations are estimates based on where a home could be placed on a lot and estimated a <br />distance of 30 to 40 feet between the back of the home to the edge of the outlot. She noted that <br />because the outlot is a shared greenspace amenity, there would be a reduced setback for items <br />placed in a backyard. <br />Citizen Input <br />Paul Tabone, Lennar, stated that they have been working with staff and ensured there is sufficient <br />space in the backyards for decks or porches. He stated that they will be cognizant of that as they <br />continue to bring the development to fruition. <br />Chairperson Bauer asked if the property owners would be made aware that the berm is not their <br />property, and whether there would be something in place to ensure subsequent landowners are <br />aware as well. <br />Planning Commission/ September 23, 2021 <br />Page 5 of 14 <br />