No. 06SV032 - Moon Meadows Estates

A request by Robert and Jeanine Nikolas 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 21A, 21B and 21C of Block 2, Moon Meadows Estates, formerly Lot 21, Block 2, Moon Meadows Estates, Section 33, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 21, Block 2, Moon Meadows Estates, Section 33, T1N, R7E, BHM, Pennington County, South Dakota, more generally described as being located at 4265 Moon Meadows Drive.


STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continued to the August 21, 2006 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, gutter, street light conduit, sidewalk, and pavement along Dunsmore Road as per Chapter 16.16 of the Rapid City Municipal Code be approved with the following stipulation:

1.

Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessment for the improvements;

Planning Commission recommended that the Variance to the Subdivision Regulations to waive the installation of water and sewer along Dunsmore Road as per Chapter 16.16 of the Rapid City Municipal Code be denied;

Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, and sidewalk along Peridot Lane as per Chapter 16.16 of the Rapid City Municipal Code be approved with the following stipulation:

1.

Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessment for the improvements; and,

Planning Commission recommended that the Variance to the Subdivision Regulations to waive the installation of water, sewer, and pavement along Peridot Lane as per Chapter 16.16 of the Rapid City Municipal Code be denied.

VOTE: (7 to 1 with Anderson , Andrews, Brown, Fast Wolf, Hennies, Landguth and Waltman voting yes and Brewer, voting no)