No. 07SV037 - Discovery Subdivision

A request by FMG, Inc. for City of Rapid City to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, water along North Elk Vale road; to waive the requirement to install sidewalk along the west side of North Elk Vale Road; and, to waive the requirement to install curb, gutter, sidewalk, water and sewer along I90 Right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Tract 3 of Discovery Subdivision and dedicated Right-of-way and dedicated public right-of-way formerly the NE1/4 SE1/4 less Right-of-way and S1/2 SE1/4 NE1/4 less Discovery Subdivision less Lot H2 and Less Right-of-way, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 SE1/4 less Right-of-way and S1/2 SE1/4 NE1/4 less Discovery Subdivision less Lot H2 and Less Right-of-way, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Elk Vale Road and South of East Mall Drive.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and water along North Elk Vale Road be approved with the following stipulation:

1.

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

That the Variance to the Subdivision Regulations to waive the requirement to install sidewalk along the west side of North Elk Vale Road be denied without prejudice; and,

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, water and sewer along Interstate 90 be approved with the following stipulation:

1.

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


VOTE: (9 to 0 with Anderson, Brewer, Brown, Collins, Derby, Etter, Landguth, LeMay and Scull voting yes and none voting no)