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Johnny Medlin <br /> November 26, 2003 <br /> Page 3 <br /> the park, and establish a 50 -ft. set back zone for <br /> new garages and habitable structures on adjacent <br /> private property." (p. 9) <br /> The integrity of the park edge has been set by the previous survey and <br /> the requirement that the property owner sign a revocable permit. Mr. <br /> Wright is not challenging the location of the property line. A view of the <br /> site would indicate that the landscaping put in place appropriately <br /> transitions to the natural vegetation of the park and does not appear to <br /> extend beyond the apparent edge of the park. <br /> At Chapter 7 of the Plan, Policy 4 in its implementing strategies <br /> addresses the issue of encroachments: <br /> "Policy 4: Maintain an inviolate, harmonious, and <br /> ecologically sound interface between the park edge and <br /> adjacent private properties. <br /> 4.1 Avoid private encroachments on parkland, including <br /> boundary adjustments except for extraordinary and <br /> compelling reasons." (p. 84) <br /> While it is clear under the Plan that new encroachments are to be <br /> prevented, the plan does not directly address existing encroachments <br /> that did not come about as intentional trespasses but occurred prior to <br /> the 1995 survey. This is not an encroachment that can be "avoided." <br /> The strategy quoted above does indicate that boundary adjustments <br /> can be appropriate for extraordinary and compelling reasons. It is <br /> submitted this is such a case. A boundary adjustment is proposed <br /> with the understanding that, if there were an adjustment, any property <br /> purchased by Mr. Wright and conveyed by the City would be subject to <br /> covenants and restrictions controlling the use and maintenance of the <br /> land to the betterment of the forest edge. An alternative that would not <br /> involve a boundary adjustment would be to continue the Revocable <br /> Permit. <br /> It is noted a number of the policies and strategies point to the need to <br /> adopt or maintain setback requirements for new development. <br /> Obviously, this is good policy for new development but only points up <br /> the need to deal with the existing situation on the Wright property. <br />