Petition to remove Magnolia Way sidewalk withdrawn after engineers recommend denial

A petition to discontinue the sidewalk on the north side of Magnolia Way and remove it from the public right-of-way was withdrawn by the petitioner after the city engineer advised the committee that the request conflicts with the Land Development Code and the city’s Complete Streets guidance.

Mike Pappas, representing property owners on Magnolia Way, told the committee the sidewalk as constructed blocks driveways, causes vehicles to park on sidewalks and leaves little yard space for homeowners. Pappas said neighbors support removal. City Engineer Brian Ruf reviewed the subdivision history and cited Article 23.37 of the Land Development Code, which requires sidewalks on at least one side of neighborhood streets. Ruf said the sidewalk and the underlying plans date back to earlier approvals and recommended the city council deny a waiver because granting it would create an undesirable precedent and shift future installation costs to taxpayers.

Committee members and residents raised concerns about snow removal and whether short driveways make on-street parking unavoidable. The city attorney noted the LDC places waiver authority with the city council and that financial hardship may not be used to justify a waiver. After discussion about options — including relocating the sidewalk to the opposite side of the street or having the petitioner withdraw and return with a new plan — the petitioner formally withdrew the request and the committee accepted the withdrawal by voice vote.

The committee did not vote in favor of a code waiver; staff said any change to sidewalk location would be addressed administratively if the council ultimately requires sidewalks to be constructed on the opposite side.