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A new residence is under construction on Lot 1. It complies with all of the minimum lot area, lot <br />width, and-setback requires. Lot 3 does not have a structure on it. At the time of subdivision there <br />was considerable discussion about the driveway outlot access and the preference to not grant lot <br />width variances. <br />The City Council adopted the preliminary plat resolution (Res.3750) and final plat resolution (Res. <br />3 798) which required that the outlot be divided equally in thirds for ownership among the three lots. <br />Access was to be provided to the lots adjacent to Bayside Road via the outlot. Each lot was to meet <br />the lot width requirement of200'. Lot 3 and Lot 4 were both platted at 200'. Lot 1 is platted at 205'. <br />If the proposed driveway for Lot 1 had been platted as part of Lot 1, then Lot 3 would not meet the <br />lot width requirement. <br />The City's consulting engineer has reviewed the proposed driveway and has indicated that from an <br />engineering standpoint it is acceptable. He noted that a culvert may need to be built to provide for <br />runoff. <br />Options <br />1. The applicants could propose a lot line rearrangement which would remove the area of the <br />driveway easement from Lot 3 and attach it to Lot 1. That would result in the need for a lot width <br />variance for Lot 3. <br />2. The City could recognize the driveway easement over Lot 3 in favor of Lot 1. The lot <br />width for Lot 3 would continue to considered 200', however, the area of the driveway easement <br />would not be included in the lot area calculation for Lot 3. Further, the applicant would be required <br />to install a culvert to provide for the concerns identified by the consultant engineer. The City would <br />require that a resolution be adopted accepting the easement with an executed copy of the easement <br />attached for public record. <br />STAFF RECOMMENDATION <br />Easements for access purposes are inferior to platted outlots. Staff frequently receives inquiries from <br />the public about driveways and easements. They create considerable confusion among adjacent <br />property owners as to ownership and rights. Issues in the past have included location of garbage <br />cans, mailboxes, landscaping, mowing, and maintenance. <br /># 2432 Greenfield Co. <br />4755/4775 Bayside Rd. <br />PC-10/19/98 <br />page--2