No. 09SV014 - Aspen Estates Subdivision

A request by Fisk Land Surveying & Consulting Engineers for Walter J. Bradsky to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water and sewer along S.D. Highway 44, to waive the requirement to install curb, gutter, street light conduit, water, sewer, to reduce the pavement width from 24 feet to 22 feet and to waive the requriement to dedicate right-of-way along Elkhart Road, Kenosha Road, and Canterberry Road as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 5A and 5B of Aspen Estates Subdivision, legally described as Lot 5 of Aspen Estates Subdivision, located in the SW1/4 of Section 12, T1N, R6E, BHM, Pennington County, South Dakota, more generally described as being located at 7800 Elkhart Road.

PLANNING COMMISSION RECOMMENDATION:
Plannning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and water along S.D. Highway 44 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;

That the Variance to the Subdivision Regulations to waive the requirement to install street light conduit along S. D. Highway 44 be denied without prejudice;

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water, to reduce the pavement width from 24 feet to 22 feet and to waive the requirement to dedicate right-of-way along Elkhart Road, Kenosha Road, and Canterberry Road be approved with the following stipulation:

1.

Prior to Planning Commission approval, well data for the existing well shall be submitted for review and approval demonstrating the current flows and cistern reserve capacity is adequate for domestic use and fire flows; and,

That the Variance to the Subdivision Regulations to waive the requirement to install sewer along S.D. Highway 44, Elkhart Road, Kenosha Road, and Canterberry Road 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. 


VOTE: (8 to 0 with Braun, Brown, Gregg, Kinneburgh, Landguth, Marchand, Rolinger and Scull voting yes and none voting no)