No. 04SV081 - Buehner Subdivision

A request by Dream Design International, Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Limelight Lane and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the Section Line Highway as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1-3, Block 1, Buehner Subdivision located in the W1/2 W1/2 SW1/4 of Section 32, T1N, R7E, BHM, Pennington County, South Dakota, legally described as W1/2 W1/2 SW1/4 of Section 32, T1N, R7E, BHM, Pennington County, South Dakota, more generally described as being located at the current southern terminus of Limelight Lane.


Staff recommends that the Variance to the Subdivision Regulations be continued to the March 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 install curb and gutter along Limelight Lane be denied. The Variance to the Subdivision Regulations to waive the requirement to install sidewalk, street light conduit, water and sewer along Limelight Lane and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the Section Line Highways 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 sidewalk, street light conduit, water and sewer along Limelight Lane and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the Section Line Highways.

VOTE: (7 to 0 with Anderson, Andrews, Brown, Hadcock, LeMay, Prairie Chicken and Schmidt all voting yes and none voting no)