No. 06SV018 - GLM 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, water and sewer along the access easement; to waive the requirement to install sidewalk along E. Mall Drive; and, to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement and to waive the requirement to dedicate additional right-of-way along Dyess Avenue as per Chapter 16 of the Rapid City Municipal Code on Lots 1 thu 8 of GLM Subdivision No. 2, located in the NW1/4 SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a tract of land located in the N1/2 SW1/4 of Section 28, T2N, R8E, Black Hills Meridian, in the City of Rapid City more particularly described as follows: beginning at the center 1/4 corner of Section 28, a found rebar and cap, this being the true point of beginning; thence along the east-west 1/4 section line N89 57'47"W a distance of 1603.74 feet; thence along the east-west 1/4 section line N89 57'47"W a distance of 550.00 feet to a found #5 rebar and cap stamped "4224"; thence S00 07'49"E a distance of 200.11 feet to a found #5 rebar and cap stamped "4224"; thence N89 58'18"W a distance of 449.81 feet to a found #5 rebar and cap stamped "4224"; thence N89 58'18"W a distance of 17.00 feet; thence S00 08'31"E a distance of 85.04 feet; thence S14 38'03"E a distance of 118.65 feet; thence S89 57'46"E a distance of 987.10 feet to a found #5 rebar and cap stamped "Arleth and Assoc. LS3977"; thence N89 53'19"E a distance of 1533.39 feet to a found #5 rebar and cap stamped "Arleth and Assoc. LS3977"; thence N89 54'10"E a distance of 69.68 feet; thence N00 02'14"W a distance of 395.87 feet to the point of beginning, said tract of land containing an area of 21.80 acres more or less, more generally described as being located at the northeast corner of the intersection of Dyess Avenue and Interstate 90 and at the eastern terminus of Mall Drive.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install sidewalk along E. Mall 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; and,

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement for Dyess Avenue as per Chapter 16.16 of the Rapid City Municipal Code be approved with the following stipulations:

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 for Dyess Avenue as per Chapter 16.16 of the Rapid City Municipal Code be denied.

That the Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water, sewer for the access easement as per Chapter 16.16 of the Rapid City Municipal Code be denied.


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