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October 7, 1976 PLANNING REPORT CASE NUt�IQER : APPL I CA�JT : L4CATION: �CTTOrJ R�Q1JtS7�D: PLANiVIN� CONSIDERATIONS: 1Q18-76 Cour�try Prop�rt� Es Northadest Corner of Co�t�ty Road C-2 and Srtel i i ng Rver3ue S��ri ce �:nac� Approval of lJar•ianc� to the Zor�ir�� Code. 1. The applicant is the own�r �f �he Country Kitchen restaurant recent�y constructed on the site. As you know, the Ci-�y Ordinance currently requires the construction of sidewalks alor►g the righ�-- of-way ��ith the deveiopment af new commercial ar industrial d�velop- ments �n t�e City. This policy was established by �he Counci� in recognition of the ul�irr�ate need for such walks, particularly a3ong major thnroughfares where inany new commerciai and industrial operatia�s are constructed. 2. The ap�licant here is requesting ta be allowed not to bui7d the sidewaik. His reason is that �n this case, ihe service road is within three feet of the front property 7ine. The Public Works Director suggests tha� the applicant simply prflvide an easemen� to the City a7ong the easter�y five feet of his property and construct the sidewa�lc in that location. In many communities, in business and industriai districts, such waiks are constructed an private �roperty on an easement provided by the de�elopers as requi red by the Ci ty. 3. You will note, that in this case, the se�backs of the closest paric�ng space to the right-of-way iine along Snellir�g Rvenue �s 20 feet away. Thus, it wauld appear �o be no hardsh�p to pravide the easement and canstruct ti�e tval�C in this location. 4. We fear the granting af variances to th�s requirer�ent for the construction of sidewalks to set a preceden� wherein many applicants will prefer to save the expense of bui1dinc� �.he walk. Since the Ord�nance was changed, approximately a year and a i�al�F ago, every commercial or industrial development has built the sittewa�k as required_ Un�ess there is a substant�al hardship ihat can be validated, it would appear in the best interests o� the City to cansistently require the walks to be constructed unless there is a severe practical hardship making i� unrealistic to do so.