SIDEWALK WAIVER NOTICE TO CLEAR FOR FURTHER INSPECTION
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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"
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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'--
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~TY, OF CLEARWATER
APPLICATION FOR SIDEWALK WAIVER
Fee - $
I Date Paid
Receipt ~.
ADDRESS (Sidewalk Location)
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LEGAL DESCRIPTION (Sidewalk Location) ,(Lot, Block, Subdivision)
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OWNER I S NAME ~. -r ~EA i2.J:::x:Jo..... \ PHONE 7Zro -4 ~J
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ADDRESS \9+0 MAO(F cS-r-lt?Z- ~\l2..u.rffi ~ '"D2... CLc~
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REPRESENTATIVE (If any)
ADDRESS
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~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~~ "
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Date
3ubscribed and sworn to before me this a day of
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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