No. 08SV007 - Highview Subdivision

A request by Craig and Tamara Mestad to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install, curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Sammis Trail as per Chapter 16.16 of the Rapid City Municipal Code on Lots A, B C and D of Tract 20 of Highview Subdivision, located in the SE1/4 NE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 20 of Highview Subdivision, NE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1445 Sammis Trail.


STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be denied without prejudice since the applicant has failed to sign the waiver of right to protest any future assessment document.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended to approve the Variance to the Subdivision Regulations to waive the requirement to install, curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Sammis Trail as per Chapter 16.16 of the Rapid City Municipal Code with the following stipulations:

1.

Sammis Trail access easement shall be dedicated as right-of-way; and,

2.

Prior to approval by City Council the applicant sign a waiver or right to protest future assessments.

That the Variance to the Subdivision Regulations to waive the requirement to install, curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the section line highway be approvedwith the following stipulation.

1.

Prior to approval by City Council the applicant sign a waiver or right to protest future assessments.


VOTE: (9 to 0 with Anderson, Brewer, Collins, Derby, Etter, Gregg, Landguth, Scull and Waltman voting yes and none voting no)