No. 07PL082 - H-O Subdivision

A request by Homer and Kathy Berger to consider an application for a Preliminary Plat on Lots BR and C of Tract 1 in H-O Subdivision, located in the SW1/4 NW1/4 and the NW1/4 SW1/4 of Section 28, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot B of Tract 1 of H-O Subdivision, located in the SW1/4 NW1/4 and the NW1/4 SW1/4 of Section 28, T1N, R9E, BHM, Pennington County, South Dakota, more generally described as being located at 15010 E. Highway 44.


STAFF RECOMMENDATION:
Staff recommends that the Preliminary Plat be continued to the September 4, 2007 City Council meeting as the stipulations of approval have not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Preliminary Plat be approved with the following stipulations:

1.

Prior to Preliminary Plat approval by the Planning Commission the applicant shall obtain a Lot Size Variance from Pennington County for proposed Lot C.

2.

Prior to Preliminary Plat approval by the City Council, road construction plans for the portion of section line highway that abuts Lot BR shall be submitted for review and approval. In particular, the road construction plans shall show the street constructed with curb, gutter, pavement, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained;

3.

Prior to Preliminary Plat approval by the City Council, road construction plans for S.D. Highway 44 shall be submitted for review and approval. In particular, the road construction plans shall show the street constructed with curb, gutter, pavement, sidewalk, water, sewer, and street light conduit or a Variance to the Subdivision Regulations shall be obtained;

4.

Prior to Preliminary Plat approval by the City Council the plat document shall be revised to identify 49 feet of right-of-way along the portion of section line highway that abuts proposed Lot BR, or a Variance to the Subdivision Regulations shall be obtained.

5.

Upon submittal of a Final Plat the plat document shall be revised to add a note stating that if sufficient fire flows cannot be met that all habitable structures shall be sprinklered.

6.

Prior to Preliminary Plat approval by the City Council, a cost estimate of the subdivision improvements shall be submitted for review and approval; or a Variance to the Subdivision Regulations shall be obtained.

7.

Upon submittal of the Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid.

8.

Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required.


VOTE: (8 to 0 with Anderson, Brewer, Brown, Collins, Derby, LeMay, Scull and Waltman voting yes and none voting no)