No. 07SV055 - Clarkson Subdivision

A request by Renner & Associates for Jo and Steve Benn 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 water on Clarkson Road and Spring Canyon Trail and to waive the requirement to install pavement on Spring Canyon Trail as per Chapter 16.16 of the Rapid City Municipal Code on Lot 8 of Block 4 of Clarkson Subdivision, Section 31, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the N1/2 of the SE1/4, lying west of Clarkson Road and a portion of the SE1/4 of the NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, more generally described as being located north and east of the intersection of Spring Canyon Trail and Clarkson Road.


STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continued to the December 17, 2007 City Council meeting as the stipulations of approval have not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and water on Clarkson Road as per Chapter 16.16 of the Rapid City Municipal Code be approved with the following stipulations:

 1.

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

 2.

An eight inch water main shall be extended along a portion of the property to where a residence will be constructed; and,

That the Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, sewer and water on Spring Canyon Trail as per Chapter 16.16 of the Rapid City Municipal Code be denied without prejudice to allow the applicant to vacate the right-of-way.


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