CITY of RAPID CITY

Agenda Item Summary

 

Public Works Committee Meeting Date: April 14, 2015

City Council Meeting Date: April 20, 2015

Staff Contact: Nicole Lecy, Project Engineer

Petitioner:  Henricksen, Inc. for T-M Holdings, LLC

Location: 2509 Dyess Avenue, Lot 4, Northstar Subdivision, Section 29, T2N, R8E, Rapid City, Pennington County, SD.

Agenda Title:

Request from  Henricksen, Inc. for T-M Holdings, LLC for a Variance to Waive the Requirement to Install Sidewalk Along Dyess Ave for 2509 Dyess Avenue, Lot 4, Northstar Subdivision, Section 29, T2N, R8E, Rapid City per City Ordinance 12.08.060.

Summary:

            A request was received in the Engineering Office on 4/2/15 requesting the requirement to install sidewalk along Dyess Ave per City of Rapid City Ordinance 12.08.060 be waived. A 5’ sidewalk is required to be constructed along Dyess Ave at the time of building permit, with the property having approximately 220’ of frontage along Dyess Ave. The requested variance will allow for a rebuild of an industrial building damaged by a fire in December 2014 without the installation of sidewalk in the adjacent right-of-way.  Based on information from the Fire Department, approximately 25% of the building was destroyed in a fire and another 25% of the building received smoke damage. The building permit is to rebuild the structure in the same footprint. When the building was originally constructed in 2006, sidewalks were not required within industrial areas at that time. Per the ordinance today, sidewalks are required.

           Today, adjacent Dyess Ave is a minor arterial street with no sidewalk, and a rural street section with ditches to accommodate drainage. The City has a project to reconstruct Dyess Avenue adjacent to the property in 2016. The project includes adding curb and gutter to the street section, grading to accommodate the future installation and establish the elevation of future sidewalk. As this project is planned in the near future, Staff believes that the property owner should be responsible to install the sidewalk as a part of this building permit, but would support deferring the sidewalk improvements until after the City project in adjacent Dyess Ave is complete so that the sidewalk is installed at the correct elevation. Staff anticipates that the building would be occupied before the City project is complete and a guarantee can be used to secure the sidewalk improvements at the time a Certificate of Occupancy is requested. The sidewalk would then be constructed by the property owner once the City project is completed and the guarantee returned to the property owner.

           Sidewalk to the Dyess Ave & Seger Drive intersection is included in a current City construction project which includes handicap ramps at all 4 quadrants of the intersection and a 10’ wide sidewalk along the north side of Dyess Avenue. After the completion of this project, sidewalk will be 225’ north of this property.

Funding Source & Fiscal Impact (if applicable):

 

Fund

Cost Center

 

Fund

Cost Center

N/A

 

 

 

 

Recommendation:

Action: Choose an item. Deny.  Staff believes that the property owner should be responsible to install the sidewalk as a part of this building permit, but would support deferring the sidewalk improvements until after the City project in adjacent Dyess Ave is complete in 2016 so that the sidewalk is installed at the correct elevation. A financial guarantee can be provided to the City to guarantee the construction of the sidewalk should the building want to be occupied prior to construction of the sidewalk.

City Council Options:

Approve, approve with a waiver of right to protest, or deny.

Attachments & Links:

Variance Request

Site Plan

Location Map