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Rexburg council affirms sidewalk requirement for a Salem Avenue lot after staff briefing
Summary
Council discussed a property on Salem Avenue where a driveway would cross a sidewalk if a new sidewalk were required; after staff and legal discussion about variances and ordinance changes, the council's consensus was to require the sidewalk be installed when the property changes hands.
The Rexburg City Council debated whether to require a sidewalk for a parcel on Salem Avenue where a driveway could cross a required sidewalk. After staff explained the city's practice of requiring sidewalks when properties change ownership and legal staff warned against ad hoc variances, the council directed the owner to install the sidewalk.
Public works staff described the site and the practical concern: because some homes were built close to the property line, a driveway could encroach on a sidewalk built against the curb. "The concern... is that a vehicle parked in the driveway is gonna set over the sidewalk," Public Works (Keith) told the council during his item. He and other staff showed similar nearby streets (Bear Street) where owners placed longer driveways to accommodate sidewalks.
Legal and planning staff cautioned that issuing individual variances can create inconsistent precedent and litigation risk. "There's kind of a general rule with variances ... constructive in theory but destructive in practice," a city attorney advising the council said, urging code or ordinance change rather than piecemeal exceptions.
Council discussion focused on fairness and long-term continuity of sidewalks across neighborhoods. Several members said they preferred keeping the existing policy so the city does not create exceptions that could cause future disputes. The discussion closed with the council's direction that the owner should proceed with installing the sidewalk as required; staff will inform the property owner of the requirement and the standard curb-side alignment.
What to expect: staff said implementing the required sidewalk would preserve continuity as parcels change hands and that the city will consider whether any future ordinance reorganization or code amendment is warranted to clarify language around sidewalk installation and variances.
