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MINUTES <br />PLANNING COMMISSION <br />JULY 12, 1990 <br />Costa asked if the home at 298 Rose Place fronted on an <br />improved road. <br />The Planner pointed out that the home fronts on the <br />unimproved right -of -way for Rose Place and access to <br />the home is via a gravel driveway over the road <br />right -of -way to Savage Lane. The Planner pointed out <br />that Mr. Stewart's proposal is to access the new lot he <br />is requesting via an extension of the driveway for 298 <br />Rose Place. <br />Drabik asked if the property owner at 298 Rose Place <br />was granted a variance. <br />The Planner thought that this home was constructed <br />prior to the existence of the Zoning Ordinance. <br />Mr. Stewart reported that the owner of 298 Rose Place <br />is Joe Buche. Stewart informed the Commission that Mr. <br />Buche put his driveway in at his own expense and takes <br />care of all maintenance for the driveway. Stewart <br />stated that he is proposing to extend the driveway to <br />serve his lot and would share maintenance costs with <br />Mr. Buche. <br />Drabik asked if the City had any liability for a <br />driveway that is on public right -of -way. <br />The City Planner replied that the City Attorney has <br />expressed concern about the City's liability since the <br />City cannot restrict access on the public right -of -way. <br />One of the Attorney's recommendations is if the <br />variance is approved, Stewart be required to enter into <br />a development contract with the City that defines the <br />maintenance and liability issues. <br />Costa suggested that the City improve the street. <br />The City Planner reported that the previous City <br />Engineer did not feel the street improvement would be <br />feasible given the topography of the area. However, a <br />cul -de -sac could be extended from Savage Lane up to the <br />Stewart property. However, this would be expensive <br />since it does not appear that the property on the north <br />could be assessed for such an improvement. <br />Page 2 <br />