Resolution 5459 - Laserfiche WebLink

that he does not own. (exhibit 34) However, the Appellant at the original hearing indicated that he had cleared the adjacent property. 5. The Appellant submitted that he has been unable to comply with the conditions of the Order because of financial difficulties and that it is the wrong time of year to remove blackberries from the slope. According to the Appellant, based on newspaper articles and television shows, the blackberries will return if they are removed during the spring. (John Arendt testimony, Elizabeth Arendt testimony) 6. The City submitted that the blackberries may be removed during the spring of the year with the use of a chemical product called Roundup. The City submitted that with the proper use of Roundup there will be no damage to the slope or the sensitive area to Bigelow Creek. The blackberries would be permanently removed. (Greenhagen testimony) 7. The City submitted that with the continued exposure of the slope, additional erosion will occur, and the integrity of the slope would be threatened. There would also be a potential degradation to the Bigelow Creek. (Greenhagen testimony) CONCLUSIONS 1. No testimony was presented by the Appellant presenting a compelling reason why the planting plan had not been submitted or why one has not been implemented. The Appellant did not give a compelling reason why he waited until the last day to submit the planting plan. 2. The key issue before the Hearing Examiner is the preservation and restoration of the sensitive area of the steep slopes and Bigelow Creek. The Appellant provided no contradictory evidence that delay in implementing the restoration of the slope will result in additional damage to the area. DECISION Based on the preceding findings of facts and conclusions, it is the decision of the Hearing Examiner that the January 28, 2000 Order remains as stated with the exception that Condition #7 shall be amended to read as follows: 7. All cleanup and abatement of the violations must immediately occur. The Appellants shall submit a detailed planting plan no later than June 1, 2000_ The City will then approve or disapprove the planing plan. Implementation of a planting plan shall occur no later than June 24, 2000. Failure to follow this schedule will result in the City performing the work and using the legal process to protect its interest.