No. 07SV011 - Hilltop Business Park 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, sewer and pavement along Homestead Street and Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Block 1 of Hilltop Business Park Subdivision, located in the NE1/4 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as A parcel of land located in the NE1/4 of Section 4 of T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of Lot 3 of Block 1 of Rushmore Business Park, located in the S1/2 NE1/4 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat recorded on November 8, 2001 and filed in Book 30 of Plats on Page 101, said point being located on the southerly edge of Homestead Street right-of-way, and said point being marked by a nail; Thence, curving southeasterly to the left, along the southerly edge of Homestead Street right-of-way, along a curve with a radius of 538.00 feet, a delta of 35º01’57”, an arc length of 328.95 feet, and a chord bearing of S72º30’31”E and a chord distance of 323.85 feet, to a point on the southerly edge of Homestead Street right-of-way, said point being marked by a rebar with survey cap “Huus LS 5680”; Thence, continuing easterly along the southerly edge of Homestead Street right-of-way, S89º59’32”E, a distance of 232.16 feet, more or less, to a point along the westerly edge of Elk Vale Road right-of-way, said point being marked by a rebar with cap “RW Fisk 6565”; Thence, southerly along the westerly edge of Elk Vale Road right-of-way, S00º11’38”E, a distance of 196.45 feet, more or less, to the northeast corner of Lot A of 1R of Block 4 of Rushmore Regional Industrial Park, as shown on the plat recorded May 3, 2000 and filed in Book 29 of Plats on Page 148, said point being marked by a SDDOT monument; Thence, westerly along the north edge of said Lot A of Lot 1R of Block 4 of Rushmore Regional Industrial Park, and along the northerly edge of Lot 2 of Block 4 of Rushmore Regional Industrial Park, as shown on the plat recorded September 24, 1981 and filed in Book 18 of Plats on Page 103, S89º49’00”W, a distance of 541.37 feet, more or less, to the southeast corner of said Lot 3 of Block 1 of Rushmore Business Park, said point being marked by a rebar with survey cap “Huus LS 5680”; Thence, northerly along the easterly edge of said Lot 3 of Block 1 of Rushmore Business Park, N00º03’55”W, a distance of 295.55 feet, more or less, to the point of beginning, more generally described as being located southwest of the Intersection of Homestead Street and Elk Vale Road. |
PLANNING COMMISSION RECOMMENDATION: |
That the Variance to the Subdivision Regulations to waive the requirement to install sidewalks, curb and gutter along Elk Vale Road be approved with the stipulation that prior to City Council approval the applicant enter into a Waiver of Right to Protest for the required sidewalks, curb and gutter; and, |
That the Variance to the Subdivision Regulations to waive the requirement to install, street light conduit, water, sewer and pavement along Elk Vale Road be denied without prejudice. |
VOTE: (7 to 0 with Collins, Derby, Fast Wolf, Gregg, Hennies, LeMay and Waltman voting yes and none voting no) |