Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Right Of Way topic
No spam. Unsubscribe anytime.
Howard Avenue homeowner withdraws immediate request after council flags right-of-way, sidewalk and driveway concerns
Summary
A Howard Avenue resident asked to pour a 23-by-10-foot concrete parking pad adjacent to his property; council and staff discussed property lines, future curb-and-gutter/sidewalk plans, driveway crossing requirements and precedent for improvements in the right-of-way, and the resident decided to shelve the request.
A Howard Avenue homeowner presented a plan to the Swisher City Council on July 22 seeking permission to place a 23-by-10-foot concrete pad from the sidewalk to his fence for additional parking. The applicant explained the pad would sit next to his barn and extend to the first tree, and he asked whether this work would require council approval.
Staff and council members clarified that the location intersects the city right-of-way and that the road reconstruction planned for the street will include curb, gutter and a sidewalk. Planning staff noted there is no building permit required for concrete on private property but emphasized that accessory structures in front yards are prohibited and that the city cannot approve additional structures on an empty lot without proper parcel consolidation or variance. "There's no building permit required for concrete," a staff member said, but staff also noted that if the pad required crossing the sidewalk to reach the pad, the sidewalk would need to be thickened to a driveway standard, which is an added cost.
Council members raised precedent concerns about installing private improvements on city right-of-way and noted that when Division Street improvements were done, residents had similar requests. Staff suggested residents could coordinate with the contractor performing the street work to add private features where property lines and construction allow. After discussing right-of-way jurisdiction, anticipated roadway widening to allow on-street parallel parking, and possible need to remove or move a fence, the applicant said he would "shelve this" for now.
No formal action was taken; staff advised the applicant on the board-of-adjustment process and variance procedure if he chooses to pursue a permanent change that would affect setbacks or nonconforming status.
