HomeMy WebLinkAbout6.f. Approval of Driveway Agreement 12976 Robert Trail South
EXECUTIVE SUMMARY
City Council Meeting Date: November 4, 2020
AGENDA ITEM: Approval of Driveway Agreement for
12976 Robert Trail South
AGENDA SECTION:
Consent
PREPARED BY: Kim Lindquist, Community Development
Director AGENDA NO. 6.f.
ATTACHMENTS: Ordinance Amendment, Approved
Variance Resolution APPROVED BY: LJM
RECOMMENDED ACTION: Motion to Approve Handley Driveway Agreement and
Authorize the Mayor and City Clerk to Sign the Document.
BACKGROUND
In 2018, the Planning Commission acting as the Board of Zoning Adjustment and Appeals approved two
variances to permit construction of a new residence on the property at 12976 Robert Trail South. Support
of the request allowed construction of a new structure with attached garage. Removal of the driveway onto
Highway 3, consistency with application building plans, and maintenance of the wetland setback were all
conditions of approval.
Property owners Lisa and Chris Handley have been working to complete construction of the home.
Unfortunately, timing and weather have led them to request a temporary certificate of occupancy to permit
living in the building while final work is completed. They have requested to keep the driveway until the
spring, so they have easy access around the structure for completion. Staff has drafted a short agreement
and received the requested $2000 surety for removal of the driveway and restoration of the area consistent
with the adjacent right of way, including drainage ditch. The agreement also allows the city to use the
funds for driveway removal and restoration, and allows the city access unto the property, should the
Handleys not have the work completed by May 1, 2021.
The City Attorney has reviewed the agreement and is supportive. Entering into an agreement such as this
is not typical, however; removal of the driveway from Robert Trail South was a condition of approval and
was one of the reasons cited for support of the variance request. The agreement will help ensure the work
is completed in a timely manner.
RECOMMENDATION
Staff recommends approval of the agreement.