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'; REQUEST FOR COUNCIL ACTION DATE: 6/22/98 ITEM NO,: Depa~pproVal: Manager Reviewed: Agenda Section: Item Description: Approval of an Assessment Agreement and Blanket Minor Variance to Construct a Private Parking Space at 2474 Churchill Street-Planning File 3016 Background: At the May 26, 1998 City Council meeting, the City Council denied a request ITom Randall Dyson for a minor variance to allow the continued use ofa boulevard parking space at 2474 Churchill Street Churchill Street is currently being reconstructed as part of the 1998 Pavement Management Program. Following denial of this request, the Council directed staff to continue to work with the Dysons in an effort to meet property owner's parking needs and satisfy the city code. The Dysons currently propose to pave and extend their existing non-conforming boulevard parking space an additional 10 feet onto private property so that it meets city code. Such construction will require the removal of a large spruce tree, excavation, retaining wall removal and reconstruction, and additional paving. The Dysons propose to remove the tree and remove and reconstruct the retaining wall themselves. They have asked the City, as part of our roadway reconstruction project, to excavate and pave the new parking area. The cost to excavate and pave is estimated to be $380.00. The Dysons have indicated that the unexpected cost to extend this parking space would cause a financial hardship. They have requested the City allow the cost, $380.00, to be added to the assessment for Churchill Street. The Council has approved such financing arrangements in the past when hardships exist. Most recently, the Council approved an assessment agreement to reconstruct a substandard garage on South McCarron1s Boulevard that encroached in the right-of-way. In addition to the assessment agreement, the Dysons are requesting a one foot variance to allow the new parking pad to remain four feet ITom the existing property line. To reconstruct the parking pad to conform to city code would require the reconstruction of an existing retaining wall. The approval of a blanket minor variance in this case would be consistent with other blanket minor variance approvals by the CounciL The adjoining property owner has indicated their support of the proposed one (1) foot variance. RECOMMENDED COUNCIL ACTION: Motion approving an agreement with the Dysons to assess the cost to construct a conforming parking space and motion approving the Dyson's request for a minor variance to reduce the side yard set back to four feet for their driveway and parking space at 2474 Churchill Street. Prepared by: Karl P. Keel