No. 08SV021 - U Lazy Two Ranch Estates Subdivision

A request by Fisk Land Surveying & Consulting Engineers for Robert Schmitz to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, sidewalk, water, sewer and pavement and to waive the requirement to dedicate right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of U Lazy Two Ranch Estates Subdivision and dedicated right-of-way located in, and formerly all of, that portion of the SE1/4 SW1/4 lying north of Nemo Road, Section 14, T2N, R6E, BHM, and; the N1/2 NE1/4 less Lot 1 of Barbara Subdivision, and the unplatted portion of the NE1/4 NW1/4 lying east of Nemo Road, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, legally described as that portion of the SE1/4 SW1/4 lying north of Nemo Road, Section 14, T2N, R6E, BHM, and; the N1/2 NE1/4 less Lot 1 of Barbara Subdivision, and the unplatted portion of the NE1/4 NW1/4 lying east of Nemo Road, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, more generally described as being located at 8970 Nemo Road.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended
to approve the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, sidewalk, water, sewer and additional pavement along Nemo Road 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.

Upon submittal of a Preliminary Plat, the plat document shall be revised to show the dedication of 17 feet of right-of-way in lieu of 7 feet;

To approve the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, sidewalk, water, sewer and pavement along the section line highways and to dedicate the section line highways as right-of-way 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;

To approve the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, sidewalk, water and sewer along the 50 foot wide private access and utility easement; and,

To approve the Variance to the Subdivision Regulations to waive the requirement to improve the 50 foot wide private access and utility easement with a minmum 20 foot wide paved surface with a stipulation of a preliminary plat that an alternate surface material be identified to ensure that air quality standards are met.


VOTE: (6 to 0 with Brewer, Brown, Collins, Derby, Gregg and Scull voting yes and none voting no)