2003-026-ORD GRANTING VARIANCE PURSUANT TO SECTION XVI (B) OF ORDINANCE NO 1315

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Section 3. That the aforesaid Section VIII (A) of the Subdivision Ordinance of the City of Paris requires as follows: "Curb and gutter shall be constructed monolithic with the concrete pavement in accordance with section 29-57 of the City of Paris Code of Ordinances. It shall be constructed along both sides of all streets and avenues within the subdivision and along the subdivision's side of all boundary streets. The cost of this work will not be subject to any participating aid by the City. " Section 4. That if the requirements of Section VIII (A) were applied to the referenced development, the developer would be required to construct curb and gutter along 36th Street N .E.; that the thoroughfare plan shows 36th Street N. E. to be a collector level roadway, thereby calling for a thirty-nine (39) foot wide section of pavement and curb and gutter; that the existing roadway is approximately twenty-one (21) feet wide; that the curb and gutter would be nine (9) feet from the pavement edge and also cover the existing drainage ditch, making said curb and guttering engineeringly impracticable; that the existing neighborhood subdivisions have not installed curb and gutter on 36th Street N.E. nor been required to post a financial guarantee in escrow with the City of Paris for said curbing and guttering; that where curb and guttering cannot be constructed the developer is typically required to post a guarantee of construction before the final plat is filed; that said financial guarantee is retained by the City of Paris until the gutter is constructed by the developer, or for seven (7) years, whichever occurs earlier, in which case the fmancial guarantee would be returned to the developer; and that the City Engineer has determined and recommended, in an opinion attached hereto as Exhibit A and for all purposes incorporated herein, that requiring the construction of the aforesaid curb and guttering, or the deposit of a fmancial guarantee in lieu thereof, is engineeringly impracticable, would be inconsistent with the surrounding drainage control measures, including the lack of curb and guttering, and that to require the posting of a financial guarantee for said improvement would be unfair and unreasonable to the developer in that curb and guttering will not in all likelihood be required or constructed on the aforesaid portion of 36th Street N.E. for the reasonably foreseeable future. Section 5. That, based on the conditions as described in this ordinance and the recommendation and findings of the City Engineer, a variance is hereby granted by the City Council of the City of Paris to the owner or owners of that property known as City Block 317, Block A, Lots 1-4, also known as the Beezley Addition, from being required to comply with the requirements of Section VIII (A), Curb and Gutter, of the Subdivision Ordinance of the City of Paris, Ordinance No. 1315, as amended, and as a consequence of the grant of the aforesaid variance, no such curbing and guttering shall be required to be constructed by the developer nor shall a fmancial guarantee be required to be posted. Section 6. That this ordinance shall be effective from and after its date of passage.