No. 05SV017 - Miracle Place Subdivision

A request by D.C. Scott Co., Land Surveyors for Highmark Builders to consider an application for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lot AR, Lot BR, Lot Cr, Lot D and Revised Well Lot of Miracle Place Subdivision, located in the SE1/4 SE1/4 of Section 8, and in the SW1/4 of Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Lot B, Lot C and Well Lot of Miracle Place Subdivision located in the SE1/4 SE1/4 of Section 8, and in the SW1/4 of Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located along Miracle Place.


Staff recommends that the Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code be continued to the April 18, 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 sewer be tabled and that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and water along Cliff Drive and Miracle Place as per Chapter 16.16 of the Rapid City Municipal Code be approved with the following stipulation:

Planning Commission Recommendation:

1.

Curb and gutter shall be constructed along the east side of Miracle Place; and,

2.

Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessments for the sidewalk improvement.

VOTE: (6 - 0 - 1 with Anderson, LeMay, Fast Wolf, Hadcock, Prairie Chicken and Schmidt voting yes, none voting no, and with Brown abstaining)