18-Move to deny a variance request for dedication of 10 feet Right-of-Way

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CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 09/09/09 Engineering, Planning & Shawn Napier, P.E. Council Date: Development Director of Engineering, Planning j$, 09/14/09 & Develo ment RECOMMENDED MOTION: Move to deny a variance request for dedication of 10-feet of Right-of-Way on Clarksville Street and SE 14t" Street for Lot 1, Block A, Kroger Addition, located at 1310 Clarksville Street. POLICY ISSUE(S): Variance request BACKGROUND: This variance is for Lot 1; Block A, Kroger Addition, being located at 1310 Clarksville Street. Kroger is proposing to construct a fuel station in the northwest corner of the existing parking lot. The master thoroughfare plan shows Clarksville Street to be an arterial level roadway which requires 80-feet of right-of-way (ROW) but it currently has 60-feet. Fourteenth S.E will require an additional 10 feet of ROW as it is currently only 40-feet. Kroger is requesting a variance from dedicating the additional ROW by 10 feet along Clarksville Street and 14th SE Street because it will require the removal of 28 parking spaces (14 spaces from each street front). The removal of these parking spaces significantly impacts Kroger's shoppers by forcing employees to park in spaces normally allotted for their customers. This removal will congest holiday and peak shopping parking creating potentially unsafe shopping conditions and unneeded hardship on their customers. The parking lot could be restriped to make up a significant number of the parking spaces that will be lost because of the ROW dedication. Parking spaces can be added to the parking area off Sherman Street at the back of the store. At their August 3, 2009, meeting Planning and Zoning unanimously recommended, with the concurrence of City Council on August 10, to approve the preliminary plat subject to the City Engineer's recommendations, which included the ROW dedications. Staff recommends that the variance request be denied. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Aerial, photos. ACTION: BUDGET INFO: N/A ❑ Financial Report Z Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Urilities City of Paris 10 6 Revised 2/04/08 ,