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the City Planner with a site plan and/or survey which verifies that the . location of the sign is not within the pedestrian easement. 2. If the current driveway access easement, identified as document #2204146, does not permit signage that the applicant shall have the easement amended so to permit signage within the easement area prior to the issuance of a signage permit. 3. The applicant shall file a signage application with the City Planner for approval prior to the issuance of a signage permit. 4. The applicant shall file all necessary building and electrical permits with the City Building Official for approval prior to the issuance of a building or electrical permit. In the process of trying to satisfy condition #2, the applicant's attorney discovered that amending the easement may be more involved than previously thought. Therefore the applicant's attorney has requested that the second condition of approval be modified or suspended so that the applicant may move forward with installing the signage. In place of a revised easement, the applicant has submitted letters from the two affected property owners indicating their consent for installation of the sign. In addition, the applicant's attorney has indicated that the applicant will likely amend the easement later on and could still provide the City with a copy of the updated easement. Staff has reviewed the matter with the City Attorney who has indicated that the letters of consent should be sufficient. . Staff Recommendation Approve the amendment to Condition of Approval number two (2) as stated below: 2. "If the current driveway access easement, identified as document #2204146, does not permit signage, then the applicant shall provide the City with letters of consent from the affected property owners for the location of the sign in the driveway access easement but located north of the utility and pedestrian way easement. The applicant for itself and its successors agrees that if a neighboring property owner or their successors at any time requires that the signage be removed from their property, the applicant or its successors will remove the sign at its cost and shall otherwise comply with the City's regulations. Should the applicant choose to amend the easement, the applicant shall furnish the City with a copy of the recorded easement." Attachments 3E-l Letters from the applicant's attorney . PC #03-18 - CC R"J'Or! 09/29/2003 - Page 2 of 2