Agenda Item Title:
Approve Request from Caekaert Construction, LLC for a Variance to Waive the Requirement to Install Sidewalk per City Ordinance 12.08.060 along Sandra Lane for the property located at 606 Topaz Lane.
Origination Group:
Public Works Committee
Origination Meeting Date:
12/26/2017
City Council Hearing Date:
01/02/2018
Petitioner:
Caekaert Construction, LLC
Staff Contact:
Dan Kools - Project Engineer
Location:
606 Topaz Lane. Lot 20 of Block 1, Gemstone Subdivision, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, SD.
Agenda Item Summary:
A request was received in the Engineering Office on December 11, 2017 requesting the requirement to install sidewalk along Sandra Lane per City of Rapid City Ordinance 12.08.060 be waived. A four-foot wide sidewalk is required to be constructed along Sandra Lane at the time of building permit, with the property having approximately 100 feet of frontage along Sandra Lane. The requested variance will allow for residential construction on the property without the installation of sidewalk in the adjacent Sandra Lane right-of-way. Adjacent Sandra Lane is platted as a local street with 52 feet of right-of-way. Sandra Lane is constructed as a two lane street for approximately 15 feet of the 100 feet of frontage, with the remainder of the right-of-way currently unimproved.
The Sandra Lane right-of-way fronting this parcel was platted in two separate phases. See attached Plat of Lot 20. The western portion of the right-of-way was dedicated in 2005 and the eastern portion was dedicated in 2014 as part of the Plat of Lot 20. In 2013, prior to Lot 20 being platted, a Design Exception Request to waive the requirement to design and build the remaining portion of Sandra Lane fronting Lot 20 was submitted by the developer. Public Works denied this request so as not to place a hardship on the future owner of Lot 20. The applicant appealed this decision. On October 21, 2013, City Council approved the appeal with the requirement to sign a Waiver of Right to Protest (WORP). See attached Council Minutes & Design Exception Request.
There is one option for sidewalk; install four-foot wide sidewalk one foot inside the right-of-way. Due to City Council granting the appeal of the Design Exception, it seems reasonable to allow a variance to the sidewalk requirement until the street is constructed to City Standards in the future. The right-of-way is not graded for a sidewalk, nor are there proposed design grades. Sidewalk will be constructed along the Topaz Lane frontage of the property. The Rapid City Council has the authority to order in sidewalk at any time, should sidewalk in this area become necessary.
Funding Source & Fiscal Impact (if applicable):
| Funding | Cost Center |
|---|---|
Recommendations:
Origination Recommendation Action:
Approve
City Council Options:
1. Approve
2. Deny