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Chairperson Elvig stated that the only downfall he can see with the three-foot canopy is that it is <br />not wide enough to walk under if it is raining and it is too wide to avoid the drip coming offthe <br />canopy. <br /> <br />Councilmember Cook inquired if it was possible to make the canopy width requirement half of <br />thc width of the sidewalk. <br /> <br />Assistant Director of Public Works Olson suggested that the standard requirement be three feet <br />and than they can request a variance if necessary. His concern with going larger than three feet is <br />that thc City will have to maintain all of the trees along the street so that they do not impact the <br />canopies. <br /> <br />Chairperson Elvig suggested that at this point they should stay with the three feet and then they <br />can request a variance because they don't want to have 18-foot sidewalks with 9-foot canopies. <br /> <br />Assistant Director of Public Works Olson questioned what the procedure would be for <br />admin i strating the encroachment within the right of way. <br /> <br />Counc ilmomber Cook suggested that staff handle the requests administratively. <br /> <br />Assistant Director of Public Works Olson replied that he was comfortable with that as long as <br />staff knows what they are looking for. He questioned how a variance request would be handled. <br /> <br />Consensus of the Public Works Committee was that all variance requests should be forwarded to <br />thc City Council. <br /> <br />Chairperson Elvig stated that he was not sure that it made sense to require a permit for a canopy <br />because most canopies are designed as a permanent part of the building. <br /> <br />Assistant Director of Public Works Olson explained that the one benefit of having a permit <br />system in place is that they can require the businesses to carry liability insurance on the canopy. <br /> <br />Councihnember Olson inquired if the City would be verifying the insurance on an annual basis. <br /> <br />Assistant Director of Public Works Olson stated that the City would request proof of insurance <br />every year. <br /> <br />Chairperson Elvig replied that the permit system did make sense after discussing the liability <br />issues. <br /> <br />Motion by Chairperson Elvig, seconded by Councilmember Cook, to recommend that the City <br />Council direct staff to bring forward a policy regarding fight of way encroachment as <br />rccommended by staff. <br /> <br />Public Works Committee/January 18, 2005 <br /> Page 26 of 27 <br /> <br /> <br />