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No. 03SV016 - Heartland I-90 Business Park Subdivision
A request by FMG, Inc. for Bypass LLC to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, sidewalk and to improve pavement along Elk Vale Road and to waive the requirement to install sidewalk along a portion of East Road, West Road, Seger Drive and Mall Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 9 of Block 1, Lots 1 thru 5 of Block 2, Lots 1 thru 12 of Block 3, Lot 1 of Block 4, Lots 1 thru 6 of Block 5, and Lot 1 of Block 6, Heartland I90 Business Park, located in the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 NE1/4; N1/2 NE1/4 NE1/4; and the unplatted portion of the S1/2 NE1/4 NE1/4; N1/2 SE1/4 NE1/4 all in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north and west of the intersection of I-90 and Elk Vale Road.

Staff recommends that the Variance to the Subdivision Regulations be continued to the June 16, 2003 City Council meeting as the stipulations of approval have not been met.

PLANNING COMMISSION RECOMMENDATION:
 Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, and to improve pavement along Elk Vale Road be approved with the stipulation that the applicant sign a waiver of right to protest any future assessment for the improvements and that the Variance to the Subdivision Regulations to waive the requirement to install sidewalks along a portion of Elk Vale Road, East Road, West Road, Seger Drive and Mall Drive be denied.

Vote: (9 to 0 with Fast Wolf, Hoffmann, Mashek, Mickelson, Prairie Chicken, Schmidt, Stone, Wall and Wevik voting yes and none voting no)