Memorandum

City of Lawrence

Utilities Department

TO:	David L. Corliss – City Manager Diane Stoddard – Assistant City Manager Casey Toomay – Assistant City Manager Brandon McGuire – Assistant to the City Manager
FROM:	Andy Ensz – Project Engineer
CC:	Dave Wagner – Director of Utilities Mike Lawless – Deputy Director of Utilities Philip Ciesielski – Asst. Director of Utilities Beth Krishtalka – Assistant to Director Bob Brower – Utilities Operations Superintendent
DATE:	March 17, 2015
RE:	Approve the request by Paul Warner for variance from City Codes 19-112 and 19-301 and deny the request for variance from City Code 19-214(C) with respect to Hutton Farms West No. 2.

Background/Project Description

The Department of Utilities has received a request made by Paul Warner on behalf of Tower Properties Company for variance from City Codes 19-112, 19-214(C), and 19-301 with respect to Hutton Farms West No. 2. The request is to provide a single water meter, water service line, and sanitary sewer service line for each duplex to be constructed as part of the project.

For water service, City Codes 19-112 and 19-301 require that each unit of a duplex has a separate water meter and service line. City Code 19-112 states, “Separate premises shall have separate service pipe installations and shall be separately metered.” 19-301 states, “A separate meter shall be installed by the City for each dwelling, apartment, business establishment or other property served with water.” These code requirements allow for each unit of a duplex to be owned separately without having to share a water service. The variance request states that the developer will own the duplexes in Hutton Farms West No. 2 and none of the duplexes will be allowed to be split and sold individually, which they are prepared to include as a deed restriction. The request is being made so that the developer will pay half of the system development charges for each duplex, saving approximately $150,000 for the project.

Department of Utilities staff supports this request if the water service lines are constructed to allow for the addition of another water meter to meet City Codes 19-112 and 19-301 if the individual units are sold in the future (see water services attached). Utilities staff also recommend a deed restriction be included on the lot that states individual units cannot be sold until an additional water meter is installed on the service line to the unit being sold. A water service agreement for the new meter will be required water and wastewater system development charges for the new service will be paid at that time.

For sanitary sewer service, City Code 19-214(C) states: “Duplexes are considered two distinct residential dwelling units and thus require two separate private sanitary sewer service lines that both directly connect to the City’s main.” As with the water service, this allows for each unit of a duplex to be owned separately without having to share a sanitary sewer service. Utilities staff do not support this request because if the individual units are sold in the future, revising the sewer plumbing and adding a sanitary sewer service line to meet City Code 19-214(C) will be difficult and expensive.

If the variance from City Codes 19-112 and 19-301 are granted but 19-214(C) is not granted, the cost savings related to the system development charges will still be provided.

Staff Recommendation

Department of Utilities staff recommends granting the request for variance from City Codes 19-112 and 19-301 which require that separate premises shall have separate service pipe installations and shall be separately metered. Staff recommends denying the request for variance from City Code 19-214(C) which requires duplexes to have two separate private sanitary sewer service lines that both directly connect to the City’s main.

Action

Approve the request by Paul Warner for variance from City Codes 19-112 and 19-301 and deny the request for variance from City Code 19-214(C) with respect to Hutton Farms West No. 2.