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B) A suspension of any of these rules and regulations may be recommended by the <br />commission, upon a showing that there are special circumstances or conditions affecting <br />the property in question; that enfomement of the provisions of this ordinance will deprive <br />the applicant of a substantial property right; and that such suspension, if granted, will not <br />be materially detrimental to the public welfare or injurious to other property or property <br />rights in the vicinity. Upon recommendation of a suspension of any of these rules and <br />regulations by the commission the city council may upon finding that there are special <br />circumstances or conditions effecting [affecting] the property in question; that <br />enforcement of the provisions of this ordinance will deprive the applicant of a substantial <br />property right; and that such suspension, if granted, will not be materially detrimental to <br />the public welfare or injurious to other property or property rights in the vicinity, grant a <br />suspension of any of these rules and regulations. <br /> <br />I recommend that the Planning and Zoning Commission and the City Council <br />grant a variance: the location of the proposed curb and gutter could be a traffic <br />hazard and drainage issue. The existing ditch line would have to transition to a <br />curb and gutter section and then back to a ditch. This would cause a water <br />ponding problem on the upstream side of the ditch. The section of curb and <br />gutter, if constructed would be the only curb and gutter section on 36th Street N.E. <br />until you get to Reno Street. The guarantee of construction portion of the Code of <br />Ordinance requires that the developer put up money in lieu of actually completing <br />the construction work. This assumes that the developer will come back and <br />complete the work within a seven-year period. The developer in this case does <br />not want to construct the curb and gutter. <br /> <br />CC; <br /> <br />Michael E. Malone, City Manager <br />Larry W. Schenk, City Attomey <br />Steve Methven, Building Official <br />Jim Nelson, R.P.L.S., Nelson Surveying Co. <br />Mike & Betty Beezley <br /> <br /> <br />