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Posted: May 25, 2023
Rapid City
Agenda Item Summary

Agenda Item Ref. #: 23VA005 - Canyon Park Subdivision

Agenda Item Title:

23VA005 - Variance to reduce minimum required lot sizes and minimum required side yard setbacks

Origination Group:
Planning Commission
Origination Meeting Date:
05/25/2023
Petitioner:
Interstate Engineering, Inc for Carey Kassube
Staff Contact:
Tanner Holanen, Current Planner II
Location:
5900 West Highway 44
Agenda Item Summary:
(Update 5/18/23) This item was continued at the May 4, 2023 Zoning Board of Adjustment meeting with the applicant’s concurrence. The applicant has submitted a Variance request to reduce the minimum required lot sizes and minimum required side yard setbacks on the property currently addressed as 5900 West Highway 44. The property is comprised of 2.64 acres of land zoned No Use District. On April 17, 2023, City Council approved Preliminary Subdivision Plan (#23PL024) to subdivide the property into two lots. It was stipulated as part of that approval that the subject property be annexed into the City limits and rezoned to Park Forest District prior to the approval of a Final Plat application. The annexation (#23AN001) was approved at that same City Council meeting and the property was subsequently zoned No Use District. The applicant has submitted a Rezone application (#23RZ005) to rezone the property from No Use District to Park Forest District as required. Prior to the approval of a Rezone application, all new zoning deficiencies as a result of the proposed plat must be legally permitted. Several of the existing setbacks are considered legal non-conforming and will not be affected as part of the subdivision. This application is intended to legally permit any new zoning deficiency as part of the proposed plat, therefore allowing the property to be rezoned and subdivided. The proposed lots will be known as Lot 1A and Lot 2A of Lot J of Parcel No. 2 of Canyon Park Subdivision. Proposed Lot 1A currently contains a single-family dwelling, two storage pole barns, a storage garage, and a shop. Proposed Lot 2A currently contains a single-family dwelling, a storage garage, and three carports. As per §17.08.040.B of the Rapid City Municipal Code, for single-story dwellings, located on interior lots, the side yard shall not be less than 30 feet in width. For unattached buildings of accessory use, there shall be a side yard not less than 40 feet in width. The plat document submitted identifies nine setback encroachments along the proposed common lot line. These encroachments are individually listed on pages four and five of this report. As per §17.08.040.F of the Code, for each dwelling or structure, and building accessory thereto, there shall be a lot area of not less than 3 acres. The plat document submitted identifies that proposed Lot 1A and Lot 2A will be 1.37 acres and 1.27 acres in size respectively.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center

Recommendations:

Origination Recommendation Action:
Approve
Origination Recommendation Notes:
Zoning Board of Adjustment Continued to the May 25, 2023 ZBOA Meeting: 5/4/2023; Zoning Board of Adjustment approved based on Criteria # 1, 2 and 5: 5/25/2023

Attachments & Links to Download:

23VA005 Project Report 

23VA005 Attachments

Published in 2023 - PL Agenda Items
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