No. 07SV019 - Morningstar Subdivision

A request by CETEC Engineering Services, Inc. for OS Development, Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along Reservoir Road and to provide a sidewalk on both sides of the collector street as per Chapter 16.16 of the Rapid City Municipal Code on S1/2 NE1/4, SE1/4 less Tract 1 of Bradeen Subdivision, Section 22, and NE1/4 NE1/4, W1/2 NE1/4, SE1/4 NE1/4, Section 27, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located west of Reservoir Road approximately one mile south of the intersection of SD Hwy 44 and Reservoir Road.

STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continued to the May 7, 2007 City Council meeting as the stipulation of approval has 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 along Reservoir 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 assessments for the improvements;

That the Variance to the Subdivision Regulations to waive the requirement to install additional pavement along Reservoir Road be denied without prejudice; and,

That the Variance to the Subdivision Regulations to waive the requirement to install a sidewalk along both sides of the collector street be denied.


VOTE: (6 to 1 with Brewer, Brown, Collins, Gregg, Hennies and LeMay voting yes and Derby voting no)