Posted: August 26, 2016
Rapid City
Agenda Item Summary

Agenda Item Ref. #: LF083116-12

Agenda Item Title:

REQUEST TO REMOVE STIPULATION REQUIRING THE APPLICANT TO SIGN A WAIVER OF RIGHT TO PROTEST FOR A VARIANCE TO INSTALL SIDEWALKS ADJACENT TO 3515 SEGER DRIVE GRANTED BY THE CITY COUNCIL ON JULY 18TH 2016 (PW071216-12)

Origination Group:
Legal & Finance Committee
Origination Meeting Date:
08/31/2016
City Council Hearing Date:
09/06/2016
Staff Contact:
Joel Landeen, City Attorney
Agenda Item Summary:
On July 18th the City Council approved a variance to install sidewalks for Bill Freytag adjacent to 3515 Seger Drive. At the time of approving the variance the City Council imposed a stipulation that the applicant sign a “waiver of right to protest” or WORP. This stipulation had not been discussed previously and was not requested by staff. I would also note that in May the same applicant had come in front of the Council and explained his objection to WORP’s and that he would not sign one. In that case the Council decided not to impose the WORP. The applicant is not willing to sign the WORP in order to obtain the variance for his sidewalk. The reason I am making this request is I believe the practice of conditioning sidewalk variances on signing WORP’s is a bad practice and should be discontinued. WORP’s were originally created to deal with street improvements that a landowner can formally object to and based on that objection successfully stop a street project. No such formal right to object exists with sidewalks. Legally, the WORP serves absolutely no purpose in relation to sidewalks. By requiring WORP’s when they have no legal significance, the City is unnecessarily creating paperwork which potentially clouds a landowner’s title. I would strongly recommend that the Council remove the stipulation on this variance so that staff does not have to spend their time and City resources fighting the applicant on this issue and further that the Council stop imposing this condition on future sidewalk variance requests.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center

Recommendations:

Origination Recommendation Action:
Approve
Origination Recommendation Notes:
Action: Remove stipulation for WORP on variance for sidewalk at 3515 Seger Dr. (PW071216-12) Approve or deny. If you approve the applicant will be able to obtain a certificate of occupancy without signing the WORP. If you do not approve staff will not be able to issue a CO without a signed WORP.

Attachments & Links to Download:

Login Form