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Resident shelves request to pour concrete parking pad in Howard Avenue right-of-way after council warns of setbacks and driveway issues
Summary
A resident requested permission to pour a 23-by-10-foot concrete pad adjacent to a barn that would encroach on Howard Avenue right-of-way; council and staff explained right-of-way jurisdiction, setback rules and sidewalk/driveway construction concerns and advised pursuing contractor options or a board-of-adjustment variance; the resident chose to shelve the request.
A resident seeking to pour a 23-by-10-foot concrete pad adjacent to his barn asked the Swisher City Council on July 22 for permission to use part of the Howard Avenue right-of-way for extra parking. The request appeared on the agenda as submitted by Dave Smith; when the council asked who was presenting, one speaker identified himself as the applicant.
Council members and staff explained that the proposed pad would be on or near city right-of-way and that right-of-way and setback rules control whether a permanent pad can be placed there. Staff noted that construction on Howard Avenue includes curb-and-gutter and sidewalk work, and that where sidewalks cross drive-access points the concrete is typically thickened to match driveway loading.
Council members warned that allowing private improvements in the right-of-way could create precedent requests from other residents for pads, storage or camper parking. They suggested the applicant work with the contractor to place any private pour on private property when possible, and advised that putting a new opening across a sidewalk requires structural adjustments and could add costs for thickening the slab.
When asked about permitting routes, staff said no building permit is required for concrete but that a variance from the board of adjustments would likely be required if the pad would create a new nonconforming condition within the front yard setback. After hearing the technical and precedent concerns, the applicant decided to shelve the request.
