No. 06SV069 - LJS Subdivision

A request by Fisk Land Surveying for Judy Lien to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install sidewalks, curb, gutter, street light conduit, sewer and water main along Mall Drive and N. Maple Avenue and to reduce the pavement width from 40 feet to 26 feet along Mall Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2, 3 and 4 of LJS Subdivision, formerly a portion of the unplatted balance of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Maple Avenue and south of Mall Drive.


STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continued to the April 16, 2007 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 curb, gutter, sidewalk and street light conduit and to reduce the pavement width from 40 feet to 26 feet along Mall Drive 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,

2.

Access shall not be taken from Mall Drive.

That the Variance to the Subdivision Regulations to waive the requirement to install sewer along Mall Drive be approved with the following stipulation:

1.

Prior to City Council approval, the applicant shall enter into a cost sharing agreement with the City for the cost of extending sewer along Mall Drive as it abuts the subject property;

That the Variance to the Subdivision Regulations to waive the requirement to install water along Mall Drive be denied without prejudice;

That the Variance to the Subdivision Regulations to waive the requirement to install sewer along N. Maple Avenue 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 improvement;

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and street light conduit along N. Maple Avenue be denied without prejudice; and,

That the Variance to the Subdivision Regulations to waive the requirement to install water and sidewalk along N. Maple Avenue be denied.


VOTE: (8 to 0 with Anderson, Brewer, Derby, Fast Wolf, Gregg, Hennies, LeMay and Runde voting yes and none voting no)