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Waive of Right to Protest


No. 06SV034 - Blake Estates

A request by Rob Livingston for James W. Peterson to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along Blake Lane; to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement along SD Highway 44; and, to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the 49 foot wide access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 15, and common Lot 1, Black Estates, formerly Tract A of Government Lots 1 and 2, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Tract A of Government Lots 1 and 2, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, more generally described as being located at 6620 West Highway 44.


PUBLIC WORKS COMMITTEE RECOMMENDATION:
Public Works Committee recommended to take the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along Blake Lane; to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement along SD Highway 44; and, to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the 49 foot wide access easement as per Chapter 16.16 of the Rapid City Municipal Code to City Council without recommendation.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along Blake Lane be denied;


That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the 49 foot wide access easement be denied; and,


That the Variance to the Subdivision Regulations to waive the requirement to install install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement along SD Highway 44 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 improvement.


VOTE: (8 to 0 to 1 with Anderson, Brewer, Brown, Hennies, Landguth, LeMay, Schmidt and Waltman voting yes and none voting no and Andrews abstaining)