HomeMy WebLinkAbout785-OB
DATE: August 15,
2011
TO: Planning Commission
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a waiver of the sidewalk requirement
FILE: 785-OB
STAFF REPORT
The Planning Manager recommends denial.
Robert Preiss, representing McDonald=s Restaurants, has requested a
waiver of the sidewalk requirement in front of a replacement
restaurant at 6380 Phelan.
Mr. Preiss states the reasons for the waiver are as follows:
1. The existing property is encumbered by a 24 foot wide
reciprocal access easement across the front of the property
along Phelan Blvd., this limiting the ability to construct
this walk adjacent to the public right-of-way.
2. The space between the curb of Phelan Blvd. and the boundary
of the property (and the aforementioned access easement)
is 7 feet. Therefore, a 5 foot sidewalk would have to
be constructed in close proximity to the curb along Phelan
Blvd., placing pedestrians close to the passing traffic
within Phelan Blvd., and
3. There are no other sidewalks on either side of this property
so this sidewalk will have no other facilities to tie
in to and will be an isolated section that will not provide
measurable benefit to pedestrian mobility in the area.
The Subdivision Regulations state 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 5 foot sidewalk can be easily accommodated within the strip
between the property line and back of curb.