No. 04SV049 - Feigels Subdivision
A request by TSP for Rob Poeppel to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Block 4 of Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the balance of the North 1/2 of Block 4 and balance of the South 1/2 of Block 4 and alley right-of-way all located in Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 900 East Watertown.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement along E. Madison Street and the southern 175 feet of N. Cherry Avenue be denied without prejudice and that the Variance to the Subdivision Regulations to waive the requriement to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement along the northern 100 feet of N. Cherry Avenue be approved with the following stipulations:

1.

Prior to City Council approval, the Vacation of Right-of-way petition for E. Madison Street right-of-way and the southern 175 feet of the N. Cherry Avenue, as they abut the subject property, shall be approved; and,

2.

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, sidewalk, street light conduit, water, sewer and pavement improvements along the northern 100 feet of N. Cherry Avenue as it abuts the subject property.

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