Memorandum

City of Lawrence

Department of Utilities

TO:	David L. Corliss, City Manager Cynthia Boecker, Assistant City Manager Diane Stoddard, Assistant City Manager
FROM:	Shelley Schupp, Project Engineer
CC:	Philip Ciesielski, Assistant Director of Utilities – Technical Services Dave Wagner, Director of Utilities Sandra Day, Planner
Date:	March 26, 2009
RE:	Zarco 66 Gas Station/Scooters Coffee Shop at 2005 W. 9^th Street (site plan SP-08-79-08) Ordinance Variance Request

Please include the following item on the City Commission consent agenda for consideration at the March 31^st meeting:

Approval of the request by Landplan, on behalf of the property owner of 2005 W. 9^th Street, for a variance from 19-214B of the code which states that a private sanitary sewer service line shall not be located in a City public right of way for greater than 15 feet. 

The current property owner of Zarco 66 Gas Station/Scooter’s Coffee Shop has submitted an application to the planning department for private site improvements.  During plan review, the existing private sanitary sewer service line was found to extend from the building that is now Scooter’s coffee shop to the public sanitary sewer main located under W. 9^th Street pavement.    

City Code 19-214(B) states that a private service line shall not be located in a City public right of way for a length of greater than 15 feet.  City code 19-214(E) states that provision of this city code section may be waived by the City Commission.

Since the private service line is more than 15 feet into the right of way, the property will require a variance from 19-214B of the City Code.                  

Action Request.  Utility Department staff requests approval from the City Commission to grant the requested variance from 19-214B of the city code for Zarco 66 Gas Station/Scooters Coffee Shop at 2005 W. 9^th Street.