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SIDEWALK WAIVER NOTICE TO CLEAR FOR FURTHER INSPECTION .,. 11~~r~"''''''__ ,,","~~lOFr",I'---:.. II~ "'~/)'~ II'!:'. i' . . ':.,' ~~ I"~~ ..,~. ~.. 1_. '.....'......'.......1...............'.... '.' \.~."'. ~' -~ ~ .~c-:t ........ .... <~ ~~ ............. 1S~ ~"Z..> ..,..:::.::.... /~">;\\ ~7'~~~l -_~4 Tr.~ ~ " --_,," t,1J\.. ,I' ~'''''IIII I, I CITY OF CLEARWATER POST OFFICE BOX 4748 C LEA A W ATE R. F LOR I D A 3 4 6 1 8 - 4 74 B City Mana,ger May 10, 1990 CERTIFIED MAIL RETURN RECEIPT REOUESTED Mr. R.T. Reardon 1540 Maple Street Clearwater, Florida 34615 Re: Property at 1540 Maple Street Dear Mr. Reardon: In accordance with Section 138.09 of the Code of Ordinances of the City of Clearwater, I have reviewed your request for a temporary sidewalk installation waiver. Your discussions with the staff in regard to this waiver request indicated that there is a muck condition which would satisfy the waiver condition in regard to natural topographical conditions that would prevent construction of the sidewalk. An on-site inspection of the property could not confirm this due to the fact that much of the area is in dense vegetation and could not be inspected. It is our recommendation that you make arrangements to clear the right-of-way adjacent to your property a long Wood Drive and Rosemere Road in order that another inspection can be performed. Due to the turn in the road at this point and the nearness of the road, a pedestrian in this area is faced with a potentially dangerous situation when forced to walk in the street. Since City ordinances require that this area of the right-of-way be maintained by the adjacent property owner, it would be our expectation that the right-of-way be kept free of vegetation which would require walking in the street whether or not the waiver is ultimately granted. Under the terms of the City ordinance the City Manger's power to waive the sidewalk requirement is limited to certain conditions described in the ordinance. A property owner whose waiver is denied has the opportunity to appeal to the City Commission for relief from this requirement. Sincerely, .~~ Ron H. Rabun City Manager cc: Victor Chodora, Building Official Keith Crawford, Assistant Public Works Director/Transportation Cynthia Goudeau, City Clerk "Equal Employment and Affirmative Action Employer" 6' J' t c' " (. '"(W~ !. . I TO: Charles Hunsicker, Assistant City Manager/Operations FROM: Keith Crawford, Traffic Engineer COPIES: Vic Chodora, Building Official SUBJEcr: Sidewalk Waiver Memo DATE: May 1, 1990 I CITY OF CLEARWATER Interdepartmental Correspondence Sheet I have reviewed the request for a sidewalk waiver at 1540 Maple Street and offer the following information. This property consists of two lots. The house is constructed on the southern lot (Lot 143). The sidewalk is installed along the property line of this lot. The owner requests a waiver of the requirement to install a sidewalk along the northern lot (Lot 144). Since a sidewalk for Lot 144 would connect to a sidewalk already in at Lot 143 the only basis for granting a waiver would be when "the City Manager has determined that natural topographical conditions, existing ditches, tree location, inadequate right-of-way, or other similar physical conditions peculiar to the premises, exist, such as would prevent construction of the sidewalk". The owner states that the muck condition of the area constitutes such a condition. Upon inspection of the site I could not determine whether this is the case since a substantial portion of the area is heavily overgrown with tall plants. There is no reasonable expectation that a sidewalk installed at Lot 144 has any opportunity to be extended any farther due to the development characteristics of the properties to the west on Maple Street. However, the vegetation creates a blind condition at the curve in the street. Absence of a sidewalk combined with the shrubbery exposes a pedestrian walking in the street to injury and the City to liability. It is my recommendation that the sidewalk be waived and that the right-of-way be cleared of vegetation that ,would interfere with a pedestrian walking on the unpaved portion of the right-of-way. -K?-. KC/sn'-- ~ tit{ ~TY, OF CLEARWATER APPLICATION FOR SIDEWALK WAIVER Fee - $ I Date Paid Receipt ~. ADDRESS (Sidewalk Location) \ 540 M ~ 6Ti2.CZS1 12~-g ~,-n\::~ LEGAL DESCRIPTION (Sidewalk Location) ,(Lot, Block, Subdivision) --1 ~~-r ~ Gl. ~(1. rrJO ~0~ OWNER I S NAME ~. -r ~EA i2.J:::x:Jo..... \ PHONE 7Zro -4 ~J . ADDRESS \9+0 MAO(F cS-r-lt?Z- ~\l2..u.rffi ~ '"D2... CLc~ . REPRESENTATIVE (If any) ADDRESS b oGW~ ~-:.. ~ ~\JlQE::) A<2.Gu1JO I I ~ ~ ~~ I~ ~lj~~lb~ ~~ u~ N~~ (W ~.T._\~.~' ~" ~~ ~;~ ~~ \ <;,. .s IcE tAAUCG:J~ _ ~ .. . I. l. \At?..EA. \ T IS '. l1f)JSj \ ~ -ro ~\..J\Q.E ~S ~ ~(O~A<JL.~~()~WLSc l)~ L,c;r ~ection 133.09 of the Code of Ordinances of the City requires that all land that abuts a,public right-of-way, which is to have new construction on it, =ither for residential, commercial, industrial or other purposes, shall have sidewalks constructed by the Owner on, across or adjacent thereto. rhe Owner understands and agrees that if the waiver is granted, the City may install sidewalks at a future date and assess the owner for the full cost of said sidewalks. /~, ft? A;'. ,/_ )wner of Owner I s/~ep~~ " 0~7//~() , Date 3ubscribed and sworn to before me this a day of 41UL- ,^ /J) , " ' -/ " !. , J . ' , ([J~'uclil,~ .i(j{j/l,<C/ ./ Notary Pub lie n 19 to . 'ly Commission Expires: ,.... Hotay Public. State of Aorida My Commission uprres May 21, 1991 londed Th,u 1 fO,. hi" . In,uf....,e h,~. Rev. 6/83 _910-62