No. 04SV031 - Skyline Pines East Subdivsion
A request by Wyss Associates, Inc. for Web Real Estate Holdings Co. 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 as per Chapter 16.16 of the Rapid City Municipal Code on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM; thence travel 1878.59 feet at a bearing S89º27'22"E to a point; thence travel 59.93 feet at a bearing N00º32'38"E to the Point of Beginning; travel 213.89 feet at a bearing N34º24'28"W to a point on a curve; thence travel 38.11 feet along a 210.00 foot radius Concave Northwesterly curve with a chord bearing N39º36'25"W to a point; thence travel 166.06 feet at a bearing N44º48'23"W to a point on a curve; thence travel 333.97 feet along a 190.00 foot radius Convex Northeasterly curve with a chord bearing N05º32'55”E to a point; thence travel 219.73 feet at a bearing N55º19'07"E to a point; thence travel 267.59 feet at a bearing S34º35'20"E to a point; thence travel 300.18 feet at a bearing S45º00'00"W to a point; thence travel 303.00 feet at a bearing S34º24'28"E to a point; thence travel 108.34 feet at a bearing of S45º10'38”W the Point of Beginning; said parcel contains approximately 3.23 acres more or less, more generally described as being located west of the western terminus of Fairmont Boulevard and north of Tower Road.

Staff recommends that the Variance to the Subdivision Regulations be continued to the August 16, 2004 City Council meeting as the stipulations of approval have not been met.

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

1.

Upon submittal of the Preliminary Plat, road construction plans shall be submitted identifying the construction of the north 200 feet of the north-south leg of Fairmont Boulevard with curb, gutter, sidewalk, street light conduit, water, sewer and pavement;

2.

Upon submittal of the Final Plat application, the plat document shall provide a minimum 80 foot wide right-of-way for all of Fairmont Boulevard; and,

3.

Prior to submittal of the Final Plat submittal, the applicant shall sign a waiver of right to protest any future assessments for pavement and sidewalk improvements along the southern 300 feet of Fairmont Boulevard as it abuts the subject property.

VOTE: (8 to 0 with Brown, Fast Wolf, Anderson, Nash, Prairie Chicken, Rodriguez, Schmidt and Hadcock voting yes and none voting no)