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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 enforcement 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 traftie <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 ease does <br /> not want to construct the curb and gutter. <br /> <br />cc: Michael E. Malone, City Manager <br /> Larry W. Schenk, City Attorney <br /> Steve Methven, Building Official <br /> Jim Nelson, R.P.L.S., Nelson Surveying Co. <br /> Mike & Betty Beezley <br /> <br /> <br />