No. 09SV020 - Clemmons Addition

A request by Fisk Land Surveying & Consulting Engineers for Hewey Clemmons to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement and to reduce the street surface width from 24 feet to 18 and 10 feet, respectively, as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots A and B of Clemmons Addition, legally described as a portion of the balance of Lot 3 of the S½SW¼, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, as shown on the plat recorded on October 1, 1963 and filed in “Plat File N”; Beginning at the northeast corner of said balance of Lot 3, said point being located along the north-south quarter section line and also along the southerly edge of the adjoining railroad right-of-way; thence, southerly along said quarter section line, S00º04’53”W a distance of 1,050.36 feet, more or less; thence, N63º41’40”W a distance of 205.00 feet, more or less; thence, N84º39‘26”W a distance of 270.00 feet, more or less; thence, N33º30’20”W a distance of 84.00 feet, more or less; thence, N00º00’00”W a distance of 796.70 feet, more or less; thence, N57º23’22”W a distance of 117.40 feet, more or less; thence, N03º48’46”E a distance of 95.00 feet, more or less; thence, N12º39’32”W a distance of 150.00 feet more or less to a point on the north line of said Lot 3; thence, easterly along the north line of said Lot 3, S89º55’53”E a distance of 168.93 feet more or less to a point on the southerly line of the adjoining railroad right-of-way; thence, southeasterly along the southerly edge of the adjoining right-of-way, curving to the left on a curve with a radius of 5907.9 feet, a delta of 04º17’31”, an arc length of 442.55 feet, and a chord bearing and distance of S62º19’02”E 442.44 feet, more or less; thence, continuing southeasterly along the southerly edge of the adjoining right-of-way, S64º32’29”E a distance of 72.19 feet more or less, to the point of beginning, more generally described as being located at 6299 East Highway 44.

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and water along the access street be approved with the following stipulations:
1.		Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessment for the improvements;
2.		Prior to City Council approval, construction plans shall be submitted for review and approval showing a sidewalk along one side of the access street;
3.		Prior to submittal of a Final Plat application, a note shall be placed on the plat stating that “All new residential structures shall be fire sprinklered”; and,
That the Variance to the Subdivision Regulations to reduce the minimum required 24 foot wide paved surface be approved with the following stipulations:
1.	That a minimum 20 foot wide paved surface be provided; and,
2.	That the existing 15 foot wide cattle guard be replaced with a minimum 20 foot wide cattle guard; and,
That the Variance to the Subdivision Regulations to waive the requirement to install sewer be denied.