Memorandum

City of Lawrence

Utilities Department

TO:	Diane Stoddard – Interim City Manager Casey Toomay – Assistant City Manager Brandon McGuire – Assistant to the City Manager
CC:	Dave Wagner – Director of Utilities Mike Lawless – Deputy Director of Utilities Philip Ciesielski – Assistant Director of Utilities Beth Krishtalka – Assistant to Director
FROM:	Andy Ensz – Project Engineer
DATE:	June 26, 2015
RE:	Approve the request by Neal Slattery for variance from City Codes 19-112 and 19-301 with respect to the Assisted Living by Americare project.

Background/Project Description

The Department of Utilities has received a request made by Neal Slattery on behalf of Americare Systems, Inc. for variance from City Codes 19-112 and 19-301 with respect to the Assisted Living by Americare project. The request is to provide a single water meter for each duplex to be constructed as part of the project.

City Codes 19-112 and 19-301 require that each unit of a duplex have 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 duplexes in the Assisted Living by Americare project will be owned by the developer and none of the duplexes will be allowed to be split and sold individually. The request is being made so that the developer will pay half of the system development charges for each duplex, saving approximately $41,000 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 should individual units be sold in the future. 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 and water and wastewater system development charges for the new service will be paid at that time.

Staff Recommendation

Department of Utilities staff recommends granting the request for variance from City Codes 19-112 and 19-301, which require separate premises shall have separate service pipe installations and shall be separately metered.

Action

Approve the request by Neal Slattery for variance from City Codes 19-112 and 19-301 with respect to the Assisted Living by Americare project.