No. 06SV066 - Oliver Subdivision

A request by Boschee Engineering for Dr. Don Oliver 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, pavement; and to allow 10 foot wide dirt road to serve as access to Lot 1 and to allow Wilderness Canyon Road to remain a 24 foot paved street with water as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 3, Block 1, Oliver Subdivision, located in the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located northwest of the intersection of Wilderness Canyon Road and 47th Avenue West.

PLANNING COMMISSION RECOMMENDATION:
Due to a tie vote on the following motion, this item comes forward to the City Council without recommendation.

Motion by Anderson, Seconded by Collins to recommend that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Wilderness Canyon 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 curb, gutter, sidewalk, water, and sewer along the access easement be approved; and,

That the Variance to the Subdivision Regulations to waive the requirement to pave the access easement be denied;

That the Variance to the Subdivision Regulations to waive the requirement to install street light conduit be approved.


Roll Call VOTE: (3 to 3 with Anderson, Brown and Collins, voting yes and Brewer, Fast Wolf and Waltman voting no).