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Regular City Council Meeting Monday, October 25, 2010 Page 7 City Attorney Bartholdi advised that if the plat was not recorded in a certain amount of time, based on meeting City approval of a drainage plan, then the ap- plicant would not have met the conditions for approval. 12. Business Items (Action Items) a. Consider a Minor Subdivision at 3053 Chatsworth Roe moved, Klausing seconded, approval of a MINOR SUBDIVISION at 3053 Chatsworth Street, based on the input received during the public hearing; and comments and findings of Sections 4 and 5, and the recommendation of Section 6 of the Request for Council Action dated October 25, 2010; with those conditions revised as follows: e. The applicant shall submit a topographic survey and grading /storm water management plan for City approval, and implementation of the approved plan shall be a necessary condition of the administrative approval of the final survey as required in City Code, Section 10104.04E; f. The applicant shall verify that setback between the existing home and the proposed property boundary and, if the setback is less than ten feet (10')', an appropriate amount of the existing "greenhouse" structure shall be removed to achieve the required setback; g. At least five feet (5) of the existing horseshoe driveway shall be removed from each parcel by July 1, 2011 to conform to the required setback from the joint parcel boundary; and h. The existing accessory structure and horseshoe driveway shall be removed from the southern parcel by July 1, 2011. If plans for new home construc- tion utilizing the existing driveway have been submitted by June 1, 2011, the bulk of the driveway may remain, but that pavement which is within the required five foot (5) setback from the northern parcel boundary shall be removed by July 1, 2011. Councilmember Ihlan spoke in opposition to the motion, opining that it was pre mature for the City Council to approve a plat now without a drainage plan before them; expressing her desire to know if the drainage plan made the lot buildable, and a firm determination of the proposed location and type of a house. Council member Ihlan opined that action should be tabled until input was received from the developer and Rice Creed Watershed District. Councilmember Ihlan noted that this would not come back to the City Council for any future approvals, but would be done administratively by staff. Councilmember Johnson noted revised staff recommended conditions requiring the potential developer to provide proof that the current runoff could not be changed; with those conditions addressing concerns raised by residents. Coun- cilmember Johnson expressed his trust in staff's monitoring of these conditions to ensure compliance to address this serious drainage issue.