No. 03SV042 - Section 26, T2N, R7E
A request by James E. Martin 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 and waive the requirement to dedicate right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2, Macdonald Subdivision, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the south 395.8 feet of the north 737.7 feet of the unplatted portion of the NW1/4SE1/4 Section 26, T2N, R7E, BHM, Rapid City, Pennington County South Dakota; and, the east 720 feet of the south 197.9 feet of the north 935.6 feet of the unplatted portion of the NW1/4SE1/4 of Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located 1840 Tranquil Trail.

Staff recommends that the Variance to the Subdivision Regulations be continued to the December 1, 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, sidewalk, street light conduit, water, sewer and pavement and to waive the requirement to dedicate right-of-way be approved with the following stipulations:

Engineering Division Recommendations:
1. Upon Preliminary Plat submittal, the plat document shall be revised to show Tranquil Trail as a minimum 52 foot wide right-of-way;
2. Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessment for the improvements along Tranquil Trail as it abuts the subject property; and,
3. Upon Preliminary Plat submittal, the plat document shall be revised to show Blue Jay Drive as a 66 foot wide private access and public utility easement.

Vote: (6 to 0 with Brannan, Hoffmann, Prairie Chicken, Stone, Schmidt and Wevik voting yes and none voting no)