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virginia Tschida, Case Ho. 2466 Page 3 alone would not be a significant obstacle to a moving driver. This 10' easement would give, in effect, 250' visibility for stopping. In spite of these technical specifications related to sight distances, there still may be concern over the safety of developing lots directly onto Western. Some residents say that cars routinely exceed the 30 mph speed limit there, negating the assumptions above concerning stopping distances for a 30 mph roadway. The Police Chief has indicated, however, that there is no record of speeding tickets, serious accidents, or complaints about speeding at this location. A related consideration is the grade of the property. Generally the slope of the land is downhill away from Western Avenue. This would allow for walk-out homes to be built, as compared to tuck-unders that might be required if the lots are accessed from the back as in the original proposal. However, there may be considerable grading of individual driveways out to Western Avenue. This could result in another unsafe condition if the driveway embankment would block visibility. We would want to review the grading of individual lots to be certain that safe sight distances are maintained. Another engineering detail is the wording of the legal description for the two lots. There are minor problems with the specific wording used and with the dimensions noted on one of the descriptions. The Public Works staff and city Attorney can recommend the appropriate wording in order to describe the parcels properly for filing. Leaal considerations We consulted City Attorney Roger Jensen on the legal question related to this lot split: will the City expose itself to liability if we now approve access to a street when an earlier city report recommended against it for safety reasons? Mr. Jensen stated that the City Council can take this new action based on new information and proceed with no woory about liability. 4. CONCLUSION & RECOMMENDATION There was concern over the development of Outlot A in the original plat due to questions about the safety of access onto the Western Avenue curve. with a modest 10' visibility easement along the Western Avenue curve, this property would meet or exceed the engineering specifications for safe stopping distances associated wi th a 30 mph roadway. Based on this analysis, we recommend approval of the lot division with three conditions: