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Engineer asks Jonesboro for variance to keep 5-foot sidewalk at new Panda Express
Summary
Ray Flake, the engineer for the new Panda Express in Jonesboro, asked city officials for a variance after a 5-foot sidewalk was built where city materials reviewed during permitting indicated a 6-foot standard; staff said a temporary certificate of occupancy noted the issue and a motion was made to place variance 205-21 on the floor for a vote.
Ray Flake, owner of Civil Engineering Services and the engineer for the Panda Express project in Jonesboro, asked officials to grant a variance so a 5-foot sidewalk already constructed along Fair Park Boulevard could remain rather than be replaced with a 6-foot sidewalk required by city review comments. "My name is Ray Flake. I am the the owner of Civil Engineering Services, the engineer for the Panda Express that we, built here in Jonesboro," Flake said.
Flake told the meeting the contractor built the pedestrian walk to match the stamped plans he provided, which showed a 5-foot sidewalk. He said a later set of reviewer comments had required a 6-foot sidewalk and that a subsequent approved drawing that reviewers relied on showed 6 feet on the wrong sheet. "This is the first time I've had to come through and do a screw up of my own. I accept responsibility on this," Flake said.
City staff said the site remained under a temporary certificate of occupancy because of outstanding deficiencies, and that the sidewalk issue was noted. A staff speaker said, "When we gave them a temporary CO because they had deficiencies and that was 1 of them." Meeting participants also discussed whether replacing the sidewalk would require tearing out the existing work or if the contractor could alter it to meet a 6-foot width; a staff member said it would likely be easier to remove and replace the sidewalk than to add a foot to the existing concrete.
Several members expressed concern that granting a variance could set a precedent for other properties in the area, noting neighboring sidewalks measured about 5½ feet in places. "I mean, the ordinance is 6 foot. And where is that gonna stop? Because then the next neighbor's gonna want a 5 foot," the presiding officer said during the discussion.
After discussion, a commissioner moved to place variance 205-21 on the floor for a vote; the transcript ends before any vote on that motion was recorded. The motion on the floor was recorded as: "Mr. Chair, I move that we place variance 20 five-twenty 1 on the floor for a vote." The transcript does not record a second or the result of that vote.
The variance request centers on whether the built 5-foot sidewalk on Fair Park Boulevard can remain despite reviewer comments that led to an approved document showing a 6-foot walkway; the engineer said the contractor followed the plan he provided and that correcting the sidewalk would fall to him if the variance is denied.
