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 denied without prejudice at the applicant's request.

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)