Item Coversheet



MEMORANDUM

TO:Governing Body 
THRU: Matthew C. Allen, City Manager
FROM: Aleecya Charles, Assistant Neighborhood & Development Services Director 
DATE: September  5, 2023
RE:

Waiver of the Code of Ordinances, 615 N. Main Street Unit B


ISSUE:

The Governing Body is asked to consider and approve a waiver of the Code of Ordinances, Section 78-4(b) regarding awnings at 615 N. Main Street Unit B.

BACKGROUND:

Robert Rupp of RRupp Properties, LLC, is requesting a waiver of Section 78-4(b) of the Code of Ordinances to install an awning at 615 N. Main Street Unit B (Coleen’s Trophies, Awards & Gifts).

 

Section 78-4(b) states that is unlawful, except as hereinafter provided, for any person to erect, construct, install, place or allow to remain or to permit the erection, construction, installation, placing, maintenance or remaining of any encroachment upon or above the right-of-way, or any portion thereof, of the following designated streets or portions of streets:

 

(1) Main Street, from Maple Street to Fulton Street;
(2) Fulton Street, from Main Street to First Street;
(3) Kansas Avenue, from Third Street to Center Street;
(4) Jones Avenue, from Taylor Street to the west city limits.

 

Main Street currently has multiple properties with awnings and businesses that have replaced their awnings over the years; however, currently 615 N. Main Street Unit B does not have an awning. 

 

While the Zoning Regulations do not cover awnings within C-3 Central Business District, staff is supportive of bringing forth an amendment to the Zoning Regulations and the Code of Ordinances in the future to address awnings.

 

If the waiver is approved, the applicant will need to submit a building permit application with engineered stamped drawings that meet the adopted building code requirements.

ALTERNATIVES:
  1. The Governing Body may approve the waiver request.
  2. The Governing Body may not approve the waiver request.
  3. The Governing Body may provide an alternative direction.
RECOMMENDATION:

Staff recommends the Governing Body approve the waiver request and direct staff to bring forward an amendment.

FISCAL NOTE:

No costs associated with approval of the waiver.

ATTACHMENTS:
DescriptionUpload DateType
Letter from Owner8/31/2023Backup Material