No. 08SV030 - Gateway Subdivision

A request by Dream Design International, Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer and to reduce the width of the access easement from 59 feet to 26 feet; to waive the requirement to install sidewalk along the north side of East Mall Drive; to waive the requirement to install asphalt, curb, gutter, sidewalk, street light conduit, water, sewer and additional right-of-way along Beale Street; and, to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Interstate 90 as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 3 of Block 1 of the Gateway Subdivision, located in the SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described an unplatted portion of the SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Interstate 90 and south of East Mall Drive between Dyess Avenue and North Elk Vale Road.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install sidewalk along both sides of E. Mall Drive be denied;

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement along Beale Street be approved with the following stipulation:

1.

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

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Interstate 90 be approved with the following stipulation:

1.

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

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water and sewer and to reduce the width of the access easement(s) from 59 feet to 26 feet be approved with the following stipulation:

1.

Lighting shall be provided throughout the parking lot and along the access easement as needed and utilities shall be extended to serve the property as per the Final Commercial Development Plan; and,

That the Variance to the Subdivision Regulations to waive the requirement to install sidewalk along both sides of the north/south leg of the access easements extending south from Mall Drive at Approach No. 2 and Approach No. 3 be denied without prejudice; and,

That the Variance to the Subdivision Regulations to waive the requirement to install sidewalk along both sides of the east/west leg of the access easement extending through Lot 6 shall be approved with the following stipulation:

1.

That a sidewalk shall be provided along the north side of the access easement.


VOTE: (6 to 0 to 1 with Anderson, Brewer, Derby, Etter, Gregg and Landguth voting yes and none voting no and Waltman abstaining)