Zoning file - amend subdivision condition

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4461 Bayside Road December 10, 1998 Page 2 Staff Recommendation Staff recommends approval of the proposal under the following provisions: 1. Access to Lot 2 ("4461" Bayside) shall still be from the private driveway located on the adjacent property(4455 Bayside)east of Lot 2, which is also owned by Johnson. 2. This shared driveway shall be formalized via an easement in favor of Lot 2 at the time Johnson sells Lot 2 or no longer owns both properties. 3. Any driveway constructed to serve Lot 2 shall meet a setback of no less than 20'from approved primary and alternate drainfield sites. Such drainfield sites may be relocated upon provision of proof to the City that site relocation is feasible and meets City code requirements. If the property owner is successful in relocating drainfield sites so that a driveway can be constructed accessing the existing driveway without encroaching within 20' of approved drainfield sites,the City will not enforce the condition regarding placement of driveway at the southeast corner of the lot. This scenario will allow the property owner the flexibility to relocate the driveway as long as conditions are met, while still protecting the City's interests in ensuring no potential encroachments of drainfield sites. A formal amendment to Resolution No. 3346 is not appropriate without re-opening the subdivision review process, according to the City Attorney. He has suggested, as an alternative, that the City send the property owner a letter stating that the condition regarding the driveway location will not be enforced. This could be done in the form of a resolution, but would not be filed in the chain of title. To this end, a resolution is attached incorporating the above provisions. COUNCIL ACTION REQUESTED Adopt the attached Resolution Regarding Enforcement of Condition 2 of Resolution No. 3346.