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Mr. Miller wanted to make sure the neighbors were satisfied and the condition is not changed. He was concerned that this agreement provided "a green light for the builder." Mr. Tarver stated that at the last meeting there was discussion about allowing "reasonable use" and at least Mr. Hatton has stated there would be no objection to such use. Ms. Michelotti did not believe this agreement gave any kind of green light and referred to paragraph 4 which provided for negotiation of changes to the condition to provide reasonable access, if the changes were satisfactory to all parties. Mr. Miller did not object to pruning the landscaped area or building maintenance, but did not want access on a daily basis. He is very concerned that Mr. Thomas will take advantage of any opportunity. Mr. Miller was adamant that no one use the rear area. Ms. Michelotti stated that is what will be worked out in the next thirty days. Ms. Dennis indicated the ordinance as it was approved is the most restrictive with no access. A modification of that will have to come back to Council if something can be agreed upon. What is being done tonight does not affect the ordinance. Ms. Michelotti clad fled that the ordinance is the most restrictive and the applicant is trying to negotiate within the next thirty days a condition that allows reasonable access. Mr. Tarver told Mr. Miller that reasonable access will only include what the residents agree to allow. Henry Hatton, 3963 Fairlands Drive, did not have any objection to the agreement. His only concern is that Mr. Thomas has a history of disregarding the rules. He stated that he spoke to the foreman on the job yesterday who indicated he had been told to proceed. This was before Council approval of this agreement tonight. Another example of Mr. Thomas' disregard of regulations is the fact that there are four large potted plants blocking the storm drain inlet. He referred to the proposed use of the area to carry trash to the dumpster at the end of the building and stated he has seen large trash containers at the back of six of the seven spaces. He did not believe that was permitted. If one of the reasonable permitted uses is to be carrying trash, he wanted to make sure that these containers are not at the back of the building. He also indicated the doors of the donut shop are left open, which is not allowed under Measure X. He presented photographs of these situations to Council. Ms. Acosta indicated staff shares the concerns about whether the rules are being followed. This agreement is an opportunity for a win/win situation, because a legal challenge is being given up in return for the right to begin construction sooner. 01/24/95 Page 2