STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continued to the June 16, 2008 City Council meeting as the stipulations of approval have not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended to approve the Variance to the Subdivision Regulations to waive the requirement to install water, sewer, curb, gutter, sidewalk, and street light conduit along U.S. Highway 16 as per Chapter 16.16 of the Rapid City Municipal Code 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.

Prior to submittal of a Final Plat application, an agreement shall be recorded at the Register of Deed's Office stating that no building permits shall be issued for the adjacent property to the south until adequate sewer capacity is demonstrated to serve the property; and,

3.

Prior to approval of a Final Commercial Development Plan for the adjacent property to the south, a sanitary sewer study and sanitary sewer construction plans shall be submitted for review and approval.