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Planning commission approves sidewalk exemption for 5823 N. Perkins Rd.
Summary
On Oct. 21 the Stillwater Planning Commission voted 5-0 to grant a special exception relieving a single-family home at 5823 North Perkins Road from the city's sidewalk requirement. Staff said the exemption is limited to the specific building permit and another permit or lot split would require a new review.
The Stillwater Planning Commission on Oct. 21 approved, by a 5-0 vote, a special exception that waives the sidewalk construction requirement for a single-family home at 5823 North Perkins Road.
Development Services planner Henry Bibelheimer told the commission the request is narrowly limited to the house proposed under the current building permit and that a future subdivision or additional building permit on the same parcel would necessitate a new special exception or the construction of the sidewalk. "This special exception does apply for this specific building permit," Bibelheimer said.
Bibelheimer said sidewalks exist on nearby segments of Perkins but that, per the code language staff cited, constructing a sidewalk across a large frontage for a single house can be an undue burden. "If it's more than 2 and a half acres, building a sidewalk for that width of Perkins can be an undue burden," he said, and staff recommended approval on that basis. The property was described as roughly a 10-acre parcel with the proposed residence set toward the rear.
Applicant Kathy Kent, identified herself as the owner of 5823 North Perkins Road and said she purchased the property several years ago. Kent said the frontage is low-density and that the family does not plan additional development. "We're putting a single family home towards the back of the 10 acre property ... so we won't even be utilizing the front portion," Kent said, adding that the cost to build sidewalk for the small portion of frontage would be "exponential."
Commissioners discussed whether adjoining property owners would be required to complete sidewalk segments if one neighbor built a section; staff clarified the only trigger for requiring construction would be a subsequent building permit on this property and offered to make the limited scope of the approval clear in the record.
A commissioner moved to approve the special exception for the single-family residence as identified in the application; another commissioner seconded and the motion passed 5-0.
The approval is limited to the single-family residence under the current application; staff said any future subdivision or separate building permit on the parcel would require a new special exception or compliance with the sidewalk requirement.
Record: Motion to approve the special exception passed 5-0.
