No. 06SV006 - Neff's Subdivision

A request by D.C. Scott Surveyors, Inc. for West River Electric Association to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb gutter, sidewalk, street light, sewer, water and additional pavement and to waive the requirement to provide a ten foot wide planting screen easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R of Neff's Subdivision No. 3 (formerly Lot 1 of Neff's Subdivision and the unplatted portion of the SW1/4 SW1/4), Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Neff's Subdivision No. 3 and the unplatted portion of the SW1/4 SW1/4, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 400 Elk Vale Road.

STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continued to the April 17, 2006 City Council meeting as the stipulation of approval has not been met.

PLANNING COMMISSIN RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install curb gutter, sidewalk and street light along Elk Vale 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;

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the 66 foot wide access easement be approved; and,

That the Variance to the Subdivision Regulations to waive the requirement to dedicate a ten foot wide planting screen easement be denied without prejudice.


VOTE: (9 to 0 with Andrews, Brenneise, Brewer, Fast Wolf, Landguth, LeMay, Prairie Chicken, Schmidt and Waltman voting yes and none voting no)