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Applicant seeks sidewalk waivers for 9251 Cardinal Drive lot; trees and NIPSCO equipment cited as constraints
Summary
An applicant previewed a one‑lot subdivision at 9251 Cardinal Drive and requested waivers from sidewalk requirements on Cardell and 90th Third Street citing a mature tree line and multiple NIPSCO utility boxes; staff noted prior similar waiver denials and explained fee‑in‑lieu options under subdivision rules.
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A prospective developer presented a conceptual one‑lot subdivision for 9251 Cardinal Drive at the April 2 Plan Commission study session and asked the commission to consider waivers from sidewalk installation along portions of Cardell and 90 Third Street, citing an existing 30‑foot row of mature pine trees and several NIPSCO utility boxes on the southeast corner of the lot.
The applicant explained the property line runs close to the street and that a 30‑foot setback positions the tree line roughly 30 feet from the street. He said Cardell currently has no sidewalks and that any new sidewalk would not tie into an existing system, arguing a waiver would better preserve the trees. “We don't wanna have a sidewalk there. We don't see the … it doesn't really tie into anything,” the applicant said.
Staff told the commission a prior nearby subdivision request on 90 Third with a similar context was denied for waivers; the commission discussed the town’s subdivision control ordinance, which allows fee‑in‑lieu payments for sidewalks in some cases. “Ultimately, when the subdivision comes in, it will be a Plan Commission decision to approve or deny the waiver,” staff said and noted a fee‑in‑lieu provision exists though staff would check ordinance wording for fund treatment.
Commissioners said the town has increasingly favored incremental sidewalk connectivity — adding short segments to enable future town projects to “connect the dots” — and asked to inspect the site before committing to a recommendation. The applicant said he would prefer to keep the trees and avoid a sidewalk where it would lead to a disconnected segment, but acknowledged that the commission has denied similar requests in the past.
No formal vote was taken; staff said the waiver decision will be made at subdivision review and that the applicant should expect the commission to consider the Cardell/90 Third context, NIPSCO equipment locations and whether a fee in lieu of construction is appropriate.

