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17 THE CITY Of I ~ L~E~S~4NTON® CITY COUNCIL AGENDA REPORT May 6, 2008 Planning Division TITLE: PAP-120, XIN CHEN, APPELLANT -CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF AN APPLICATION FOR ADMINISTRATIVE DESIGN REVIEW (PADR-1762) TO CONSTRUCT AN APPROXIMATELY 700-SQUARE-FOOT, DETACHED SECOND UNIT WITH AN APPROXIMATELY 250-SQUARE-FOOT COVERED PORCH AT THE PROPERTY LOCATED AT 2632 INGRID COURT; AND PUD-99-09-2M, AMAN AND TEE BAWA, APPLICANTS -CONSIDER AN APPLICATION FOR A MAJOR MODIFICATION TO AN APPROVED PUD DEVELOPMENT PLAN TO ALLOW ADDITIONAL GRADING AND RETAINING WALLS ALONG THE REAR AND SIDE YARD SLOPE BANKS OF THE PROPERTY LOCATED AT 2632 INGRID COURT AND TO RELOCATE TWO DEVELOPER-INSTALLED TREES ALONG THE REAR YARD SLOPE BANK OF THE PROPERTY. APPELLANT: Xin Chen APPLICANTS: Aman and Tee Bawa PROPERTY OWNERS: Aman and Tee Bawa ZONING: Zoning for the property is PUD-LDR (Planned Unit Development -Low Density Residential) District SUMMARY The appellant is requesting the City Council overturn the decision of the Planning Commission which upheld the Zoning Administrator's approval: (1) fora second residential unit, and (2) provided a recommendation to the City Council to approve a Planned Unit Development (PUD) modification allowing additional grading in the rear yard area. The City has the discretion to review applications for second residential units within the limitations established by State legislation. The City's second unit ordinance implements that legislation setting criteria related primarily to height, setbacks, square footage, design, and parking. The project complies with the City's ordinance. The modification to the PUD related to grading, the retaining walls, and the tree relocation was not contested earlier in the process until the appeal to the City Council.