No. 07SV033 - H-O Subdivision

A request by Homer and Kathy Berger to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, pavement, sidewalk, street light conduit, water, sewer as per Chapter 16.16 of the Rapid City Municipal Code 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 Variance to the Subdivision Regulations 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 Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement along S.D. Highway be approved with the following stipulation:

1.

Prior to approval by Council the applicant shall sign a waiver of right to protest future assessments.

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, and sewer along the section line highway be approved with the following stipulation:

1.

Prior to approval by Council the applicant shall sign a waiver of right to protest future assessments.

That the Variance to the Subdivision Regulations to waive the requirement to install pavement along the section line highway be denied.


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