Memorandum

City of Lawrence

Utilities Department

TO:	Dave Corliss, City Manager
FROM:	Shelley Schupp, P.E., Project Engineer
CC:	Dave Wagner, Director of Utilities Philip Ciesielski, P.E., Utilities Engineer
Date:	April 26, 2007
RE:	Lots 6-12, Lots 15-17, Block Three, Oregon Trail Addition (PF-07-17-06), Ordinance Variance Request

Please include the following item on the City Commission consent agenda for consideration at the May 1, 2007 meeting:

Lots 6-12, Lots 15-17, Block Three, Oregon Trail Addition Plat, Sanitary Sewer System Service Connection Crossing Property Dedicated to City of Lawrence and a Drainage Easement:

· Approval of the request by Roger Johnson, the developer, for a variance from 19-214A of the city code.  Section 19-214A states that “…each lot created by the laws of the City or the City’s subdivision regulations, including lot splits, shall have direct access to the City sanitary sewer main in City public right of way or City public utility easement.  Such access shall not cross property ownership lines unless the access is in an adjacent City public utility easement.”  The sanitary sewer service connections for the above referenced lots will cross Tract A which is dedicated to the City of Lawrence.

· Approval of the request by Roger Johnson, the developer, for a variance from 19-214B of the city code.  Section 19-214A states that “A private sanitary sewer service line shall not cross any public right-of-way or drainage easement.  A private sanitary sewer service line shall not be located in a City public utility easement or City public right-of-way for a length of greater than fifteen (15) feet.” The sanitary sewer service connections for the above referenced lots will cross a 30’ drainage easement within Tract A and a 15’ utility easement. 

Staff from the Department of Utilities and the Stormwater Division have reviewed, and approve of, the proposed routing of sanitary sewer service connections through Tract A of the Oregon Trail Addition Plat.  Granting the requested variance will eliminate 800 feet of parallel sewer main which would have been constructed to serve the lots on both sides of Tract A. 

On February 13, 2007, the City Commission approved the final plat of Oregon Trail Addition and included the condition that “the individual property owners for Lots 6-12 and 15-17, Block Three, Oregon Trail Addition, are responsible for the ownership and maintenance of the private sanitary sewer service lines located within Tract A, owned by the City of Lawrence.

The approval of a variance to the stated code does not relieve the property owner of any burden of maintenance, or repair, on the sanitary sewer services, including that length installed within City property and drainage easements.  The property owner will be responsible for restoring the drainage channel and the sidewalk within Tract A that are damaged due to maintenance or repair of the sanitary sewer service.

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