The owners of the property located at 5835 Ironwood Drive, Neal and Sally Johnson, request a variance from the requirement to install sidewalk along their property frontage.  The installation of sidewalk was required through the Subdivision Improvements Agreement for Ironwood Subdivision, 2nd Filing.  The home was constructed in 2006 by Wells Built Homes and a right of way permit was issued for the sidewalk fronting the lot.  Ironwood Drive is classified as a Collector Street and the Subdivision Improvements Agreement identified a walking path be constructed throughout the subdivision according to an approved plan behind and between lots and also along the north side of Ironwood Drive.  To date, sidewalk has been installed along the north side of Ironwood Drive along all of the lots except the last two on the east side of the subdivision.  Both of these lots were developed in 2006 and the sidewalk was not installed with the buildings.  The construction of the sidewalk for both lots was put into the 2010 Miscellaneous/Developer Related project approved by City Council on April 26, 2010.  Attached are letters from the property owners and the developer.  Both state that sidewalk is not needed due to the fact that a path exists on the other three sides of this property and that a court ruling does not require the construction of Ironwood Drive to extend further to the east.  While both of these are true, a connection could still happen to the east even if it is just a sidewalk extension.  To the east of Ironwood Subdivision is vacant land that can be developed in the future.  While there is a path on the other three sides of the property, there is not continous sidewalk along Ironwood Drive, which is a collector street.

The Council may:

• Approve the variance. Approval of this variance allows the property owners to not install sidewalk, and the sidewalk would be deleted from the 2010 Miscellaneous/Developer Related Project. If the sidewalk is not installed at this property and the next door property, there would be a gap in the sidewalk if Ironwood Boulevard is ever extended to the east. 
• Do not approve the variance. If this variance is denied, the owner's option is to meet the requirements of the Subdivision Improvements Agreement and the installation of the sidewalk would be completed under the 2010 Miscellaneous/Developer Related Project.

There is no direct financial impact to the City associated with this variance.

Staff recommends that the City Council deny the variance for 5835 Ironwood Drive.