No. 06SV002 - Stoney Creek South No. 2 Subdivision A request by FMG, Inc. for Belgarde Enterprises 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 that part of the SW1/4 of Section 22, T1N, R7E, of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, that lies within the following description: Commencing at a 5/8” rebar with survey cap marked “FMG Inc. LS SD 1019” at the Center-South-South 1/64 corner of Section 22; Thence S00º12’38”E a distance of 152.63’, more or less, to a point; Thence N90º00’00”W a distance of 726.50’, more or less, to a point; Thence N64º41’13”W a distance of 267.41’, more or less, to a point; Thence Northwesterly, on a curve to the left, said curve having a radius of 226.00’, a length of 64.26’, a chord bearing of N44º48’37”W and a chord length of 64.04’, more or less, to a point; Thence N52º57’20”W a distance of 189.40’, more or less, to a point; Thence Northwesterly, on a curve to the right, said curve having a radius of 174.00’, a length of 160.82’, a chord bearing of N26º28’40”W and a chord length of 155.16’, more or less, to a point; Thence N00º00’00”W a distance of 154.75’, more or less, to a point; Thence N90º00’00”W a distance of 142.80’, more or less, to a point; Thence N45º02’54”W a distance of 14.15’, more or less, to a point; Thence N00º05’48”W a distance of 197.85’, more or less, to a point; Thence Northeasterly on a curve to the right, said curve having a radius of 341.00’, a length of 157.62’, a chord bearing of N13º08’43”E and a chord length of 156.22’, more or less, to a point; Thence N26º23’14”E a distance of 374.54’, more or less, to a point; Thence S63º35’34”E a distance of 18.09’, more or less, to a point, said point being a 5/8” rebar with survey cap marked “FMG Inc. LS SD 6119” on the south right of way line of Catron Boulevard; Thence S63º35’34”E, along the south right of way line of Catron Boulevard, a distance of 1047.40’, more or less, to a point, said point being a 5/8” rebar; Thence Southeasterly, along the south right of way line of Catron Boulevard, on a curve to the right, said curve having a radius of 2230.97’ a length of 263.77’, a chord bearing of S60º12’09”E and a chord length of 263.62’, more or less, to a point, said point being a 5/8” rebar with survey cap marked “FMG Inc. LS SD 6119”; Thence S00º08'29"E, along the Section 1/4 Line, a distance of 505.50’, more or less, to the point of beginning; all located within the SW1/4 of Section 22, T1N, R7E, of the Black Hills Meridian; said parcel containing 27.497 acres more or less, more generally described as being located at the southeast corner of the intersection of Catron Boulevard and Nugget Gulch Drive. |
PLANNING COMMISSION RECOMMENDATION: |
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That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and sidewalk along Catron Boulevard be denied; and, |
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That the Variance to the Subdivision Regulations to waive the requirement to install sewer along a portion of Catron Boulevard be approved with the following stipulation: |
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Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessment for the improvement. |
VOTE: (7 to 0 with Brewer, Brown, Landguth, LeMay, Prairie Chicken, Schmidt and Waltman voting yes and none voting no) |