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11-28-2016 Council Packet
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11-28-2016 Council Packet
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the small barn on Lot 5 without the back driveway. <br />#15-3763/16-3860 <br />November 22, 2016 <br />Page 3 <br />From staff's perspective, and as noted in the 9/8/16 staff memo, there are a number of basic <br />reasons that the back driveway should not become permanent and should be abandoned, <br />summarized as follows: <br />- Parcels with frontage on more than one public road are allowed a driveway approach to <br />only one public road per City ordinances. By virtue of part ownership of Outlot A, <br />applicant functionally would have access to Stubbs Bay Road as well as Watertown Road <br />via Outlot A and Kintyre Lane. <br />- If both Lots 5 and 6 gain access from the Outlot driveway, three homes using a shared <br />driveway triggers an upgrade of that driveway to private road standards (paved, and with <br />a cul-de-sac). As platted, both Lots 5 and 6 abut Outlot A. <br />- City standard for new subdivisions is that no building permits can be issued until the road <br />has at least one lift of asphalt. New construction on Lots 5 or 6 should not be allowed <br />until the new road and cul-de-sac reach that level of completion. If the back driveway is <br />to be used for construction of new homes on Lots 5 or 6, then arguably the back driveway <br />should be held to the same standard of paving. <br />- Fire Department should have to approve the back driveway for access for new <br />construction for emergency accessibility. <br />- There is concern regarding the creek viability of the creek crossing at the east end of the <br />back driveway which is fairly narrow. <br />- Permanent use of the back driveway suggests that Lots 5 and 6 must be treated as <br />`through' lots. <br />- The driveway access easements and covenants should be reviewed by the applicants, <br />given that if Lots 5 and 6 abandon access to the driveway in favor of the new cul-de-sac, <br />they might still be responsible for maintenance of a driveway they aren't using. <br />- If the driveway is abandoned, it should be revegetated to eliminate unnecessary <br />hardcover. <br />- Applicant's concern about the back driveway being the only viable access to the existing <br />small barn on Lot 5 is questionable. A new driveway could be established without <br />needing the back driveway. <br />- The owner of 300 Stubbs Bay Road, Tom Fleming, who is 1/3 owner of Outlot A, stated <br />that he does not want to see the back driveway expanded and would prefer that it not be <br />permanent, and that it be eliminated once the new road and cul-de-sac are available. <br />Based on the above, staff would offer the following scenario: <br />1. In the event that a new home is proposed on Lot 5 or Lot 6 prior to completion of the new <br />road & cul-de-sac to a Usable Status (road base and first lift of asphalt), a building permit <br />can be issued for Lot 5 or Lot 6 using the back driveway for access until such time that <br />Usable Status of the road & cul-de-sac is reached. <br />2. In the event that such a building permit is approved for Lot 5 or Lot 6, a permit for <br />construction on the opposite lot will not be issued, the intent being that no more than one <br />
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