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Commission approves sidewalks for Metzger house lots, defers two vacant lots until developed

3799225 · June 10, 2025
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Summary

The City Commission voted to require sidewalks along the east and south sides of Lots 89 and 10 and to cross the house driveway; two undeveloped lots to the north (Lots 6 and 7) were exempted until development, with an affidavit to be recorded and a December 31 deadline for completion.

The City Commission voted to require sidewalks along the east and south sides of Lots 89 and 10 and to build the sidewalk across the driveway at the Metzger property, while deferring sidewalk installation on two undeveloped adjacent lots until those lots are developed.

The decision follows a petition by property owner Craig Metzger asking to waive the requirement to install sidewalk along the southern border of his property. Metzger told the commission he owned multiple contiguous lots and described the location and existing driveway; he said he was “totally willing to do that” for the sections immediately adjacent to his residence. The commission discussed past practice, enforcement options and documentation to avoid creating an informal precedent.

Commissioners and staff weighed competing considerations: consistency with previous sidewalk enforcement, the financial cost for the owner, and practical issues where the road is gravel. Commissioner Smith said the commission must be “consistent to what we’ve been doing” when considering requests. Engineering staff and other commissioners explained that the sidewalk requirement stems from the city’s sidewalk/street ordinance and that staff do not have discretion under that ordinance to grant exceptions; that is why the request came before the commission.

The compromise approved by the commission requires sidewalks on Lots 89 and 10 (east and south sides, including across the house driveway). The commission agreed that Lots 6 and 7 — described in the discussion as undeveloped and without current plans to build — would not be required to have sidewalks until they are developed. The motion was amended on the floor to allow the owner until Dec. 31 to complete the required work and to require a recorded affidavit (filed with the county register of deeds) documenting the city’s conditions so the restriction appears in title records.

City staff explained how the affidavit will work: the owner will sign an agreement, have it notarized, file it with the county register of deeds and provide a copy to the city. Staff said that, if the undeveloped lots are later sold or the owner seeks to separate parcels, the recorded document or a covenant would trigger the sidewalk requirement when the lots are developed.

Commissioners also discussed technical details raised during the hearing: typical lot widths of 50 feet and lot depths of about 150–165 feet in that area; that new sidewalks generally must be at least four feet wide; and that gravel driveways can be crossed by concrete sidewalks but may require approaches or edge treatment. Metzger said his newly built house currently has a short sidewalk segment from the driveway to the porch but not a full street-facing sidewalk. The commission directed city engineering to provide permit/spec guidance to Metzger and to prepare the affidavit form.

On the final motion the commission approved the requirement and the amended timeline and recording requirement by a 4–1 vote. Mayor Robich dissented. The commission recorded steps for follow-up: city attorney/staff will draft the affidavit, the owner will notarize and record it with the county, and engineering staff will provide construction specifications and inspection timelines.

Votes at a glance Yes: 4; No: 1 (Mayor Robich).