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0 CASE NUMBER: 1476-83 APPLICANT: Dean M. Westerlund 7 December 1983 Page 2 would be eight feet, providing for a seven foot setback rather than the required 15. 4. Attached is a letter from the applicant outlining the proposals, and adding the request for a variance to the requirement to construct the sidewalk along Sandhurst. The applicant notes that he would be willing to construct the sidewalk at such time as additional walk is constructed all along Sandhurst. The City has allowed variance to the sidewalk requirement where site conditions indicate it to be more practical. Such conditions include the existence of a ditch section in the right-of-way making it impractical to try to construct a sidewalk on top of the ditch. To simply grant a variance from the sidewalk requirement because the rest of Sandhurst Drive is not being provided with sidewalk would seem to simply abrogate the Council's policy. In other words, any property owner where sidewalk is required (commercial and multi -family housing projects) could make the same request on the same basis. Inasmuch as the applicant has not discussed this sidewalk variance proposal with the staff prior to this submission, we have just called Dean Westerlund. He informed us that he is willing to drop the variance request for sidewalk construction. 5. Thus, the Planning Commission and Council may wish to consider an action approving the revised variance request with the condition that the develop- ment be constructed in accordance with the site plan submitted 10/20/83 with the condition that sidewalk be constructed on Sandhurst Drive as required by Ordinance. Sidewalk is required only along Sandhurst Drive because there is an existing pathway constructed on the Lexington Avenue right-of-way.