No. 05SV079 - Forest Park Estates Subdivision

A request by Dream Design International, Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, additional pavement and additional Right-of-Way as per Chapter 16.16 of the Rapid City Municipal Code on Lots 28 and 29 of Forest Park Estates Subdivision, formerly Lot 25R of Forest Park Estates Subdivision and all of Lot B Revised of the E1/2 of the SW1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 25R of Forest Park Estates Subdivision and all of Lot B Revised of the E1/2 of the SW1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4231 Starlite Drive.

STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and additional pavement along Starlite Drive as per Chapter 16.16 of the Rapid City Municipal Code be continued to the March 6, 2006 City Council meeting as the stipulation of 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, sidewalk, street light conduit and additional pavement along Starlite Drive as per Chapter 16.16 of the Rapid City Municipal Code 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.

Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to dedicate additionl right-of-way as per Chapter 16.16 of the Rapid City Municipal Code be denied without prejudice.


VOTE: (7 to 0 with Brewer, Brown, Landguth, LeMay, Prairie Chicken, Schmidt and Waltman voting yes and none voting no)