No. 05SV070 - Section 12, T1N, R6E,

A request by Fisk Land Surveying for Arvin and Carole Flesner to consider an application for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code. on Lots 1 and 2, Flesner Subdivision, in the NE1/4 SE1/4, Section 12, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Lot 1, Tract A, and the balance of Tract A in the NE1/4 SE1/4, Section 12, T1N, R6E, BHM, Pennington County, South Dakota, more generally described as being located approximately 1.3 miles northwest of Rapid City and adjacent to the north side of Nameless Cave Road.

 


STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continued to the November 21, 2005 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 sidewalks be tabled;

That the Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way along the section line highway and access easements be approved;

That the Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, street light conduit, water and sewer along the access easements be approved with the following stipulation:

1.

The access easements remain an 18 foot and 12 foot, respectively, with a graveled surface;

That the Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, street light conduit, water and sewer along 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; and,

That the Variance to the Subdivision Regulations to waive the requirement to install additional pavement, curb, gutter, street light conduit, water and sewer along Nameless Cave Road 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.


VOTE: (6 to 4 with Anderson, Andrews, Brewer, Brown, Nash and Prairie Chicken voting yes and Fast Wolf, Hennies, LeMay and Schmidt voting no)