Memorandum

City of Lawrence

Department of Utilities

TO:	David L. Corliss, City Manager Cynthia Wagner, Assistant City Manager Diane Stoddard, Assistant City Manager
FROM:	John Shutak, Utilities Engineer
CC:	Dave Wagner, Director of Utilities Philip Ciesielski, Assistant Director of Utilities Mike Lawless, Assistant Director of Utilities Sandra Day, Planner
Date:	March 28, 2012
RE:	2211 Silicon Avenue (SP-10-60-11) Variance request from City Code 19-214(B)

Please include the following item on the City Commission agenda for consideration at the April 03, 2012 meeting:

Approve the request by Jean Kao, Cornerstone Architect, LLC, on behalf of the Lawrence Evangelical Chinese Church, for a variance from 19-214C of the City Code which states that a private sanitary sewer service line shall only serve one residential dwelling unit or a single commercial or industrial establishment.

Cornerstone Architect LLC has submitted a site plan, SP-10-60-11, for the property located at 2211 Silicon Avenue. The proposed improvements to the site include the addition of a classroom building and construction of privacy fencing as shown on the attached site plan.

2211 Silicon Avenue is currently occupied by a single building that has an existing connection to the public sanitary sewer through the adjoining property to the north as shown on the attached map. Staff requested that the applicant locate their service line and obtain a private utility easement or enter into a legal agreement with the adjacent property owner for the purpose of future access and maintenance of their private sanitary sewer service line. The applicant has made all reasonable efforts to secure an agreement with the adjacent property owner, however, negotiations have not been successful.

Compliance with the provisions of City Code Section 19-214 presents a significant hardship on the property owner due to the location of their existing sanitary sewer service line, costs associated with the extension of the public sanitary sewer system to service the subject property, and difficulties negotiating with the adjacent property owner.

Staff have made the applicant aware that should their existing service line fail in the future, they will be required, at their expense, to extend the public sanitary sewer system to service the subject property; reconstruction of a private sanitary sewer service line across the adjoining property will not be permitted.

Action Request:

Approve the requested variance from 19-214C of the City Code for 2211 Silicon Avenue