No. 06SV059 - Section 17, T1N, R7E

A request by D. C. Scott Surveyors, Inc. for Gary Rossow to consider an application for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional public right-of-way, and to waive the requirement to install curb gutter, sidewalk, street light conduit, sewer, water, additional pavement and to waive the requirement to dedicate planting screen easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot GR and Lot HR2, formerly Lot G and the south 53.1 feet of Tract 3, and Lot HR, located in the SE1/4 NW1/4, Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot G and the south 53.1 feet of Tract 3, and Lot HR, located in the SE1/4 NW1/4, Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west side of Red Rock Canyon Road and .09 miles from Chapel Lane Way.

STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continued to the November 20, 2006 City Council meeting as the stipulation of approve has not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the planting screen easement as per Chapter 16 of the Rapid City Municipal Code be denied without prejudice.

That the Variance to the Subdivision Regulations to dedicate an additional six feet of right-of-way as per Chapter 16 of the Rapid City Municipal Code be denied; and,

That the Variance to the Subdivision Regulations to waive the improvements of pavement, curb, gutter, streetlight conduit, water and sewer on Red Rock Canyon Road as per Chapter 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.  


VOTE: (6 to 0 with Anderson, Brewer, Brown, Gregg, Hennies and Runde voting yes and none voting no)