No. 05SV020 - Section 32, T2N, R7E

A request by Ted McBride for Jonna K. Fitzgerald and Teena Miller 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 as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1-3 of SW1/4 of the SW1/4 Section 32, T2N, R7E, less Lot A, BHM, Rapid City, Pennington County, South Dakota, legally described as the SW1/4 of the SW1/4 Section 32, T2N, R7E, less Lot A, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Timberland Trail.


Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code be continued to the May 2, 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 sidewalk along the private access easement and the section line highway be tabled; that the Variance to the Subdivsion Regulations to waive the requirement to install pavement along the private access easement and the section line highway be denied; and, that the Variance to the Subdivision Regulaitons to waive the requirement to install curb, gutter, street light conduit, water and sewer along the private access easement and the section line highway as per Chapter 16.16 of the Rapid City Municipal Code be approved with the following stipulations:

1.

The private access easement and the section line highway shall be constructed with a minimum 24 foot wide paved surface; and;

2.

Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessments for the installation of curb, gutter, street light conduit, water and sewer along the section line highway.

VOTE: (6 to 0 with Anderson, Andrews, Hadcock, LeMay, Prairie Chicken and Schmidt voting yes and none voting no)