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4461 Bayside Road <br />December 10, 1998 <br />Page2 <br />Staff Recommendation <br />Staff recommends approval of the proposal under the following provisions: <br />1. Access to Lot 2 ("4461" Bayside) shall still be from the private driveway located on <br />the adjacent property (4455 Bayside) east of Lot 2, which is also owned by Johnson. <br />2. This shared driveway shall be formalized via an easement in favor of Lot 2 at the time <br />Johnson sells Lot 2 or no longer owns both properties. <br />3. Any driveway constructed to serve Lot 2 shall meet a setback of no less than 20' from <br />approved primary and alternate drainfield sites. Such drainfield sites may be <br />relocated upon provision of proof to the City that site relocation is feasible and <br />meets City code requirements. If the property owner is successful in relocating <br />drainfield sites so that a driveway can be constructed accessing the existing driveway <br />without encroaching within 20' of approved drainfield sites, the City will not enforce <br />the condition regarding placement of driveway at the southeast comer of the lot. <br />This scenario will allow the property owner the flexibility to relocate the driveway as long as <br />conditions are met, while still protecting the City's interests in ensuring no potential encroachments <br />of drainfield sites. <br />A formal amendment to Resolution No. 3346 is not appropriate without re-opening the subdivision <br />review process, according to the City Attorney. He has suggested, as an alternative, that the City <br />send the property owner a letter stating that the condition regarding the driveway location will not <br />be enforced. This could be done in the form of a resolution, but would not be filed in the chain of <br />title. <br />To this end, a resolution is attached incorporating the above provisions. <br />COUNCIL ACTION REQUESTED <br />Adopt the attached Resolution Regarding Enforcement of Condition 2 of Resolution No. 3346.