AGENDA ITEM SUMMARY

Consider a Request from Spalding Hosiery Shoppe and a Revocable License Agreement to encroach into the 4th Street Right of Way by building a loading dock onto the east side of 335 E. Solomon Street. City Manager Kenny Smith will address.  

Spalding Hosiery Shoppe, through its owner, Bud Turner, and its Architect, Cropsey and Associates, Inc., has requested to build a 40" tall platform loading dock on the east side of the building encroaching 13'4" into the 30' from centerline ROW of 4th Street. The dock wall would be approximately 3' from the back of 4th Street curb. UDC 604F(2) states that "No privately owned ...loading facility...shall be permitted within a public right of way. A guard rail has been proposed on the east side of the dock for safety. See attached recommendations from staff and City Attorney.

A similar dock was allowed in 1994 (see attached) by using a License Agreement.

Staff recommends denial based on the Code prohibition and the safety / liability potential. However, it appears that such an allowance was made in 1994.

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