Memorandum

City of Lawrence

Utilities Department

TO:	Dave Corliss
FROM:	Philip Ciesielski
CC:	Chris Stewart Dave Wagner Michael Tubbs
Date:	August 10, 2006
RE:	June 27, 2006 Delaware Commons Ordinance Variance Request

Please include the following item on the City Commission consent agenda for consideration at the August 15, 2006 meeting:

Delaware Commons development Sanitary Sewer System Service Connections:

· Approval of the request by Shafer, Kline & Warren, on the behalf of the developer, for a variance from 19-214 of the code which requires each dwelling unit to be provided sanitary sewer service by an individual sanitary sewer service line.

Staff from the Department of Utilities and Legal Services have reviewed the development and the proposed method of providing sanitary sewer service connections to the existing sanitary sewer system. While each dwelling unit is individually owned, multiple units are attached. The overall property is managed, via neighborhood covenants, by the property developer. These covenants address the responsibility for maintenance of shared sanitary sewer services, and the distribution of risk should the shared service be the cause of a sanitary sewer backup or other failure. The covenants clearly place shared sanitary sewer service line maintenance and responsibility upon the homeowner’s association. Staff recommends that these covenants be recorded with the Douglas County Register of Deeds prior to occupancy permits being issued.

In their evaluation and recommendation staff have compared this situation to the recent Hobbs – Taylor Lofts, which are individually owned within a larger managed property and served by a common sanitary sewer service line.

Action Request. Utility Department staff requests approval from the City Commission to grant the requested variance from 19-214 of the code.