No. 07SV017 - Eastern Acres Subdivision

A request by Fisk Land Surveying & Consulting Engineers for Michael Leiby to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots 16A and 16B of Block 4 of Eastern Acres Subdivision, located in Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 16 of Block 4 of Eastern Acres Subdivision, located in Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5870 Mercury Drive.


STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code be denied without prejudice at the applicant's request.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the improvements of water and sewer as per Chapter 16.16 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, and sidewalk as per Chapter 16.16 of the Rapid City Municipal Code be approved with the following stipulations:

1.

A minimum 20 foot wide paved surface shall be provided along Mercury Drive as it abuts the subject property; and,

2.

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


VOTE: (8 to 0 with Brewer, Brown, Collins, Derby, Fast Wolf, Gregg, Hennies and LeMay voting yes and none voting no)