Pursuant to Section 82-93(a) of the City Code, notices of the public hearing have been mailed to owners of land lying within 375 feet of the existing permit area at least 15 days prior to the public hearing. Public Works has analyzed the criteria contained in Sections 82-94.
Additionally, Pursuant to Section 82-94, of the City Code, the City Commission shall review the revocable permit request and determine whether the request shall be granted or denied based upon the following criteria:
• The Applicant’s need is substantial.
The Applicant respectfully requests the revocable permit in order to construct an improved, raised sidewalk to the proposed new school entrance. Given the fact that the existing structure is classified as a contributing building within a local historic district, raising the sidewalk is the only reasonable method to make the entrance of the school accessible. There is not sufficient space within the existing for ramping and the existing condition of the abutting sidewalk on 2nd Street is not pleasant for parents with strollers or young children. Additionally, the success of the new schools relies, in part, on providing improved access to the existing structure. Therefore, the proposed sidewalk improvements with railings and proper sloping is critical. The sidewalk complies with all City regulations and provides the necessary access to make this a successful site.
• The Applicant holds title to an abutting property.
The Owner is the Applicant for the revocable permit and holds title to the Property.
• The proposed improvements will comply with applicable codes, ordinances, regulations, neighborhood plans and laws.
The proposed sidewalk will comply with applicable codes, ordinances, regulations, neighborhood plans and laws, as evidenced by the Planning Board (PB) and HPB approvals. The Applicant has requested a revocable permit to ensure that sidewalk complies with the applicable regulations.
• The grant of the application will have no adverse effect on governmental/utility easements and uses on the property.
The grant of the revocable permit will allow the Applicant to improve the Property with the approved design and use. The sidewalk will be installed at an appropriate height, which will permit pedestrian access to the Property and does not obstruct the abutting right of way. The new sidewalk will have no adverse effect on governmental/utility easements and uses on the Property.
• That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting, and improved security.
The proposed encroachment will allow for the use and design of the Property as approved by the PB and the HPB. The Applicant has gone through great lengths to preserve much of the existing contributing structures on this site, which will maintain the character of the existing structure. Additionally, the Applicant is providing public benefits that are compatible with the highly pedestrian environment and proposed use. Overall, approval of the revocable permit will beautify the sidewalk and make it functionally appropriate and safe. Sidewalk improvements will directly enhance the neighborhood with enhanced landscaping and improved drainage, as well as improved safety
• That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district.
Granting the revocable permit will not confer any special privilege upon the Applicant. Any property owners within the City can apply for a revocable permit provided that the application meets the criteria stated in the Code, does not interfere with the utilization of public property, and enhances the community.
• That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare.
Granting the revocable permit will not devalue any of the adjacent properties and will not have a detrimental effect on the public welfare. In fact, it will allow for an improved design upon the Property and a favorable use in the neighborhood, while providing accessibility for the students and parents of the school.