HomeMy WebLinkAbout834-OB
DATE: April 15, 2013
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a sidewalk waiver
FILE: 834-OB
STAFF REPORT
The Planning Manager recommends approval.
Rev. Gary Cantue, representing Maxson Memorial Church of God in Christ, has applied
for a waiver to the sidewalk requirement for a new church building being constructed at
7920 N. Major Drive. The church building was approved by the City Council on June 5,
2012.
Sec. 26.03.004 of the Subdivision Regulations states that the Planning Commission may
grant a waiver to the sidewalk requirement if the applicant can prove that there is an
engineering reason for not installing a sidewalk. A waiver is warranted in this instance due
to the steep slope of the adjacent drainage ditch and the possible need for a retaining wall
next to the roadway.
Mr. Cantue states the following reasons for the sidewalk waiver:
1. Due to the existence of a 30” water line, a 36” sanitary sewer line, and a gas line at
this location, the installation of a sidewalk would be a hindrance to access for
maintenance.
2. Working over these lines to install a sidewalk would not be safe and would create
difficulties for city during maintenance.
3. There is no other sidewalk located along this section of Major Dr.
Staff notes that these are not generally acceptable reasons for allowing a waiver. Water
and sewer lines are often under sidewalks. In such instances when repairs are made,
utilities are not responsible for any damage done to those sidewalks. However, coupled
with the slope issue noted above, this development may be considered eligible for the
requested waiver.