No. 07SV070 - Market Square Subdivision

A request by Sperlich Consulting, Inc. for James Letner to consider an application for a Variance to the Subdivision Regulations to waive the requirement to dedicate ten additional feet of right-of-way along East St. Patrick Street; to waive the requirement to dedicate seventeen additional feet of right-of-way along Creek Drive adjacent to proposed Lot 8; to install additional pavement, curb, gutter, sidewalk and street light conduit along Creek Drive; to install sidewalk along the south side of East St. Charles Street; and, to provide a planting screen easement along East St. Patrick Street and Creek Drive on Lots 1 thru 8 of Market Square Subdivision, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Lot 3 of Tract D located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1624 East St. Patrick Street.


STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continued to the April 7, 2008 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 dedicate 10 feet of additional right-of-way and provide a planting screen easement along E. St. Patrick Street be denied;

That the Variance to the Subdivision Regulations to waive the requirement to dedicate 17 feet of additional right-of-way and provide a planting screen easement along Creek Drive be denied;

That the Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, and street light conduit along Creek Drive 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 Variance to the Subdivision Regulations to waive the requirement to install sidewalk along the south side of E. St. Charles Street be denied.


VOTE: (Roll call vote 5 to 3 with Brewer, Brown, Gregg, Landguth and LeMay voting yes and Derby, Rolinger and Scull voting no)