No. 07SV022 - Highland Park Subdivision

A request by Fisk Land Surveying & Consulting Engineers, Inc. for Alan A. Neiger to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, and to reduce the pavement width from 26 feet to 21 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 Revised and Lot of Block 5 of Highland Park Subdivision, located in the NE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 5 (less Lot H1) and the balance of Block 5 of Highland Park Subdivision, located in the NE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southwest of the intersection of Highland Park Drive and Mount Rushmore Road.


STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continued to the November 5, 2007 City Council meeting as the stipulation of approval has not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install street light conduit along Mount Rushmore Road be denied without prejudice; and,

That the Variance to the Subdivision Regulations to waive the requirement to install sidewalk along Mount Rushmore Road be denied.

That the Variance to the Subdivision Regulations to waive the requirement to install sewer, curb, gutter along Mount Rushmore Road, and sewer, street light conduit, curb, gutter, sidewalk along Highland Park Drive, and to reduce the pavement width along Highland Park Drive from 26 to 21 feet 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 to 1 with Anderson, Derby, Gregg, Hennies, Landguth and LeMay voting yes and none voting no and Brown abstaining)