No. 05SV054 - Banks Subdivision

A request by Sperlich Consulting, Inc. for Bridgette Banks to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water, sewer, additional pavement and to dedicate additional right-of-way along Nemo Road and the private access easement; and to waive the requirement to install curb, gutter, street light conduit, water, sewer and pavement along Section Line Highway as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 through 4, Banks Subdivision, located in the SE1/4 NE1/4 and NE1/4 SE1/4, Section 26, T2N, R6E, BHM, Pennington County, South Dakota, legally described as tract B, less Lot H-1; Tract C, less Lot H-1; and Tract D, less Lot H-1; in the SE1/4 NE1/4 and Tract E, less Lot H-1 in the NE1/4 SE1/4, located in the SE1/4 NE1/4 and NE1/4 SE1/4, Banks Subdivision, Section 26, T2N, R6E, BHM, Pennington County, South Dakota, more generally described as being located adjacent to the northeast side of Nemo Road and north of the intersection of Red Deer Road and Nemo Road.

 


STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continued to the September 19, 2005 City Council meeting as the stipulationof approval has 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, water, sewer, additional pavement along Nemo Road , the private access easement and the section line highway 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 dedicate additional right-of-way along Nemo Road be tabled; and,
That the Variance to the Subdivision Regulations to waive the requirement to dedicate right-of-way along the private access easement be denied.

VOTE: (5 to 1 with Anderson, Brown, LeMay, Nash, and Prairie Chicken voting yes and Andrews voting no)