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eliminate the need for a temporary water line as well as the meter on the Brosozky property. He believed that a precedent was set when the Berlogars vacated their rights to the resident well and redrilled their own well. Commissioner Fox believed the water rights to the well easement should be vacated. She echoed Commissioner Olson's prior comments regarding property rights, and if the easements remained in place and Mr. Brosozky was hampered in his efforts to develop his third house as outlined in the Specific Plan, it would entail more long-term City bureaucracy and management. She believed it would be cleaner if, when the connection to City water was made, the Chrismans agree to vacate the easement since the well was on the Brozoskys' property. Commissioner Olson noted that he was conflicted because he was not convinced the City had the authority to direct that the easement be vacated. He would not support directing the Chrismans to vacate the easement. Commissioner Narum agreed with Commissioner Olson's comments and would support Condition No. 23 with some modifications. She wanted to ensure that the costs would be covered if they exceeded the estimates by 25 percent. She inquired whether it would be possible to move the Brosozkys' lot lower, which would take care of the easement issue with respect to developing his property. Acting Chair Pearce did not believe that could be addressed at this time and that it would require a Specific Plan Amendment. Ms. Decker noted that it was not within the authority of the Commission at this time to condition this project with a revision of a Vineyard Avenue Corridor Specific Plan home site location on the Brozosky property. She added that the Planning Commission and City Council have engaged in discussions as projects moved through the process with those properties developing within the Vineyard Avenue Corridor Specific Plan that the locations aze considered conceptual, and this would likely be the same consideration with regard to the Brozosky development at the time it may develop. Staff would be happy to engage in these discussions with Mr. Brozosky as well at the time he planned to develop his property. Acting Chair Pearce believed it would be cleaner and more sensible for the Chrismans to give up their interest in the well. She agreed with Commissioner Olson that the City could not compel that action. She believed that the Chrismans had a vested ownership right in the land, that the parties can agree to that action, and that the Chrismans can offer to give it up. Both parties indicated that they were more comfortable with the plan crafted by City Council in 2003 than Option 2 as recommended by staff. She would favor a motion that followed the original City Council compromise. Commissioner Fox suggested modifying Condition No. 23 with mutual wording that did not compel and encouraged the applicant to consider relinquishing the easement rights to the well on the Brosozky property. EXCERPT: PLANNING COMMISSION MINUTES, February 27, 2008 Page 8 of 13