No. 07SV037 - Discovery Subdivision A request by FMG, Inc. for City of Rapid City to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, water along North Elk Vale road; to waive the requirement to install sidewalk along the west side of North Elk Vale Road; and, to waive the requirement to install curb, gutter, sidewalk, water and sewer along I90 Right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Tract 3 of Discovery Subdivision and dedicated Right-of-way and dedicated public right-of-way formerly the NE1/4 SE1/4 less Right-of-way and S1/2 SE1/4 NE1/4 less Discovery Subdivision less Lot H2 and Less Right-of-way, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 SE1/4 less Right-of-way and S1/2 SE1/4 NE1/4 less Discovery Subdivision less Lot H2 and Less Right-of-way, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Elk Vale Road and South of East Mall Drive. |
PLANNING COMMISSION RECOMMENDATION: |
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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 sidewalk along the west side of North Elk Vale Road be denied without prejudice; and, |
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That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, water and sewer along Interstate 90 be approved with the following stipulation: |
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Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessments for the improvements. |
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VOTE: (9 to 0 with Anderson, Brewer, Brown, Collins, Derby, Etter, Landguth, LeMay and Scull voting yes and none voting no) |