No. 07SV010 - Word of Hope Subdivision

A request by D. C. Scott Co. Land Surveyors for Wesleyan Church to consider an application for a Variance to the Subdivision Regulations to waive the requirement to develop section line right-of-way on an extension of Jolly Lane, dedicate additional public right-of-way on an extension of Jolly Lane, or install sidewalk on Jolly Lane; and to waive the requirements to install curb, gutter, sidewalk, sewer, water, or planting screen easement on Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Word of Hope Subdivision, located in the NE1/4 SE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NE1/4 SE1/4, lying southeast of Elk Vale Road, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located on the west side of Jolly Lane, at the north end between Jolly Lane cul-de-sac and curve in Elk Vale Road.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirements to install pavement, curb, gutter, streetlight conduit, water and sewer and dedicate additional public right-of-way on that portion of section line highway located north of Jolly Lane be denied without prejudice ;

That the Variance to the Subdivision Regulations to waive the requirement to install sewer along Elk Vale Road be denied without prejudice ;

That the Variance to the Subdivision Regulations to waive the requirement to provide a planting screen easement be denied without prejudice;

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, water and sidewalks along 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 assessment for the improvements ; and,

That the Planning Commission acknowledge the applicant’s withdrawal of the Variance to the Subdivision Regulations to waive the requirement to install sidewalk along Jolly Lane.


VOTE: (8 to 0 with Anderson, Brewer, Brown, Collins, Derby, LeMay, Scull and Waltman voting yes and none voting no)