No. 04SV079 - Trailwood Village

A request by Sperlich Consulting, Inc. for Gordon Howie to consider an application for a Variance to the Subdivision Regulations to waive the requirement to construct curb, gutter, sidewalk and street light conduit along S.D. Highway 44 as per Chapter 16.16 of the Rapid City Municipal Code on a portion of Tract T of Trailwood Village, located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota more fully described as follows: Commencing at the southwesterly corner of Lot BR of Trailwood Village, common to a point on the northerly edge of the right-of-way of SD State Highway 44, and the Point of Beginning; Thence, first course: N68º57’27”E, along the southerly boundary of said Lot BR, a distance of 209.64 feet, to an angle point on the southerly boundary of said Lot BR; Thence, second course: S65º06’07”E, along the southerly boundary of said Lot BR, a distance of 72.70 feet, to a point on the southerly boundary of said Lot BR, common with a point on the westerly end of the edge of right-of-way of Avery Drive; Thence, third course: S24º53’53”W, along the westerly end of the edge of right-of-way of said Avery Drive, a distance of 60.00 feet; Thence, fourth course: S65º06’07”E, along the southerly edge of right-of-way of said Avery Drive, a distance of 10.00 feet; Thence, fifth course: S24º53’53”W, along the southerly edge of right-of-way of said Avery Drive, a distance of 20.00 feet; Thence, sixth course: S65º06’07”E, along the southerly edge of right-of-way of said Avery Drive, a distance of 25.00 feet; Thence, seventh course: N24º53’53”E, along the southerly edge of right-of-way of said Avery Drive, a distance of 20.00 feet; Thence, eighth course: southeasterly, along the southerly edge of said Avery Drive, curving to the right on a curve with a radius of 1983.52 feet, a delta angle of 09º09’25”, an arc length of 317.00 feet, a chord bearing of S60º31’25”E, and a chord distance of 316.66 feet, to the southeasterly corner of said Avery Drive, common to a point on the westerly edge of the right-of-way of Covington Street; Thence, ninth course: southwesterly, along the westerly edge of said Covington Street, curving to the right on a curve with a radius of 520.00 feet, a delta angle of 06º21’52”, an arc length of 57.76 feet, a chord bearing of S37º14’14”W, and chord distance of 57.73 feet, to a point of tangency on the westerly edge of the right-of-way of said Covington Street; Thence, tenth course: S40º25’09”W, along the westerly edge of the right-of-way of said Covington Street, a distance of 142.61 feet, to the southwesterly corner of the right-of-way of said Covington Street, common to a point on the northerly edge of the right-of-way of said SD State Highway 44; Thence, eleventh course: N51º11’35”W, along the northerly edge of the right-of-way of said SD State Highway 44, a distance of 534.30 feet, to the southwesterly corner of said Lot BR of Trailwood Village, and the Point of Beginning; said parcel contains 1.968 acres, more or less, more generally described as being located at the intersection of Avery Drive and Covington Street.

Staff recommends that the Variance to the Subdivision Regulations be continued to the February 21, 2005 City Council meeting as the stipulations of approval have not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission
recommended that the Variance to the Subdivision Regulations to waive the requirement to construct curb, gutter, sidewalk and street light conduit along S.D. Highway 44 as per Chapter 16.16 of the Rapid City Municipal Code be approved with the following stipulation:

1.

Prior to submittal of a Final Plat application, the applicant shall sign a waiver of right to protest any future assessments for the installation of curb, gutter and sidewalk along S. D. Highway 44.

VOTE: (6 to 0 with Brown, Fast Wolf, Hadcock, LeMay, Prairie Chicken and Schmidt all voting yes and none voting no)