No. 11SV022 - John Roberts Subdivision

A request by Britton Engineering and Land Surveying, Inc. for John Roberts Trust to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install water and sidewalk along Cherry Avenue, to construct a minimum 26 foot wide paved surface and a sidewalk along the north side of East St. Francis Street and to dedicate 17 additional feet of right-of-way along East St. Patrick Street as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot 1 and Lot 2 of John Roberts Subdivision, legally described as Tract A of NW1/4 of the NE1/4 located in Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the southwest corner of the intersection of East Saint Patrick Street and Cherry Avenue.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended approval of the Variance to the Subdivision Regulations to waive the requirement to install water along Cherry Avenue, to construct a minimum 26 foot wide paved surface along East St. Francis Street and to dedicate 17 additional feet of right-of-way along East St. Patrick Street as per Chapter 16.16 of the Rapid City Municipal Code with the following stipulations:

1.

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

2.

Prior to submittal of a Final Plat application, the applicant shall enter into a Covenant Agreement securing the commitment to dedicate 17 additional feet of right-of-way along East St. Patrick Street and to remove the existing encroaching buildings should the property be further subdivided, redeveloped or if necessitated by corridor growth; and,

3.

Prior to submittal of a Preliminary Plat application, the plat document shall be revised to dedicate a usable access easement for the existing manhole located on proposed Lot 1; and,

Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install sidewalk along Cherry Avenue and a sidewalk along the north side of East St. Francis Street be denied.


VOTE: (10 to 0 with Braun, Brewer, Fink, Marchand, Rippentrop, Rolinger, Scull, Snyder, Swank and Weimer voting yes and none voting no)