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Stewart Road Closure <br /> May 10, 1999 <br /> Page 12 <br /> 5 O55(i) The physical condition and characteristics of the street and abutting <br /> propert . <br /> . T e City described the physical condition of Stewart Road, examining both the <br /> deteriora ed condition of the eastern portion and the improved condition of the western <br /> portion. he condition of the eastern portion and the uncertainty as to the timing of <br /> improve ents caused by current City policy regarding improvements and assessments <br /> constitut s an important factor in favor of closing the road. The City recognized the <br /> increase costs and Loss of business to the commercial and industrial properties on the <br /> eastern p rtion of Stewart Road. Relying on the description of retail sales as a secondary <br /> use of in ustrial property, the City concluded that the effect on retail sales should be a <br /> minor c ncern for the businesses along Stewart Road. The appellants argued and <br /> introduc d evidence to show that several of the businesses were adversely affected by the <br /> loss of b siness generated from pass through traffic. <br /> 5 O55(j) Emergencies. _ <br /> he City acknowledged that emergency services would be affected, but concluded <br /> that it w uld be a minimal effect because the proposed closure had been reviewed and <br /> approve by police and fire department personnel. The appellants introduced evidence <br /> that the mergency response procedures had not yet adapted to the street closure. <br /> .055(k) The public health, safety and welfare. <br /> he City concluded that the public health would not be affected by the closure. <br /> The Cit also concluded that closing the street would increase public safety because it <br /> would d crease the chance of an accident caused by drivers failing to deal with the <br /> deterior ted condition of Stewart Road. The appellants pointed out the apparent <br /> discrepa cy between this conclusion and the reported lack of accidents on Stewart Road. <br /> During e hearing the City explained its reasoning, suggesting that this discussion was <br /> concern d with the increased likelihood of accidents if the road continued to deteriorate. <br /> ith regard to public welfare, the City determined that the public welfare would <br /> be adva ced by the closure. Stewart Road was described as a nearly unique situation <br /> where a road in bad condition was being subjected to high traffic volumes. The City <br /> describ the reasonable expectation of motorists in being able to traverse City streets in <br /> a prude t and normal fashion. The City also determined that amelioration of the <br /> conditio s faced by residents along Stewart Road was beneficial, "given the lack of <br /> serious egative impacts and the positive feedback from the residents." <br /> ltimately it seems as if the dispute concerning the closure of Stewart Road <br /> involve three factors, all of which can be classified under the public welfare category. <br /> One as ct of this is a City wide issue concerning roads. The general public welfare is in <br /> having treets and roads in a satisfactory condition, so that it is safe and convenient to <br /> drive o those roads. If this public benefit cannot possibly be met with regard to a <br /> <br /> particul r road, the City has determined that it is in the best interest of the City to close <br /> <br /> the roa . <br /> he other aspects of the public welfare in this case are the competing interests of <br /> <br /> the resi ents and the businesses along Stewart Road. The residents who wish to have the <br /> 1 <br /> <br />