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Hearing examiner approves three‑lot Camby Road plat but denies sidewalk waiver and contribution request
Summary
The hearing examiner granted lot‑width and on‑site septic variances and approved the three‑lot subdivision at 7515 Camby Road, but denied a petition to waive sidewalk construction and to avoid a contribution‑in‑lieu of that sidewalk. The plat approval includes a condition reflecting the denied sidewalk waiver request.
The hearing examiner on May 29 approved a three‑lot plat for the Spears property at 7515 Camby Road (2025 CPL 805) and granted two variances: a reduced frontage for proposed Lot 2 (45 feet in lieu of the required 70 feet) and permission to use on‑site septic systems where public sewer is typically required. However, the hearing examiner denied a requested waiver of the subdivision sidewalk requirement and denied the petition to be excused from paying the contribution‑in‑lieu fee for sidewalks.
Attorney David Gilman and property owners Casey and Christy Spears told the examiner they sought the waiver because sidewalks do not exist on either side of the property along Camby Road, the site is topographically elevated relative to the roadway, and an existing drainage feature (Newton Branch tributary) would complicate constructing a modern, code‑compliant sidewalk across their frontage. Gilman said the requested contribution in lieu would amount to roughly $27,000 for the property’s frontage and that the area has many freestanding lots without sidewalks.
Decatur Township Civic Council representative Pat Andrews and other community speakers opposed the sidewalk waiver and the in‑lieu contribution exemption. Councilor Danieal Boehm (District 21) spoke in support of the Spears, urging flexibility for a longtime resident and noting that no immediate public project exists to widen Camby Road in the foreseeable future.
Staff recommended denial of the sidewalk waiver and the in‑lieu contribution waiver and noted an ambiguous intersection of two ordinance provisions (one in the subdivision-control code and one in the residential development standards) describing when sidewalks are required. Staff recommended the plat comply with sidewalk rules or follow the established waiver/contribution process.
Rulings and conditions
- Granted 2025 CVR 805(a) — variance to allow 45‑foot lot frontage for proposed Lot 2 (in lieu of 70 feet). - Granted 2025 CVR 805(b) — variance to permit on‑site septic systems (public sewer waiver), subject to standard findings. - Denied 2025 CVR 805(c) — denial of contribution‑in‑lieu for sidewalks. - Denied 2025 CVR 805(d) — denial of waiver of sidewalk construction along Camby Road. - Approved 2025 CPL 805 — plat approval, subject to 13 staff conditions; Condition 13 as written in the staff report reflected denial of the sidewalk waiver request.
Next steps
The petitioners indicated willingness to add a plat covenant to construct sidewalks if and when sidewalks extend to their property lines; the hearing examiner left the plat approval in place with the staff conditions. Parties retain appeal rights under MDC rules.
