Planning Memo Template

A request by Fisk Land Surveying & Consulting Engineers, Inc. for Pacific Steel and Recycling to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, additional pavement or additional extension of water or sewer main in any adjoining right-of-way, and the requirement to dedicate additional right-of-way on a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4 of Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27, more fully described as follows: Beginning at the southwest corner of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “RW FISK 6565”; thence, northerly along the westerly edge of said Lot A of Biernbaum Subdivision and along the easterly edge of Highway 79 right-of-way, N00º01’09”W, a distance of 225.01 feet more or less, to an angle point of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “LS4208” and said corner being coincident with the southwesterly corner of Lot B of Biernbaum Subdivision, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27; thence, easterly along the northerly edge of said Lot A of Biernbaum Subdivision and along the southerly edge of Lot B of Biernbaum Subdivision, N89º51’25”E, a distance of 206.31 feet more or less, to a point on the westerly edge of Amended Lot H2 of Lot A of Biernbaum Subdivision, as shown in the plat filed April 8, 2003 and recorded in Book 10 of Highway Plats on Page 111, said point being marked by a rebar with survey cap “LS 6119”; thence, southerly along the westerly edge of said Amended Lot H2 of Lot A of Biernbaum Subdivision, S00º05’02”W, a distance of 225.68 feet more or less, to the south line of said Lot A of Biernbaum Subdivision, also being the southwest corner of said Amended Lot H2 of Lot A of Biernbaum Subdivision, said corner being marked by a “SDDOT Monument”; thence, westerly along the southerly line of said Lot A of Biernbaum Subdivision, N89º57’30”W, a distance of 205.90 feet more or less, to the point of beginning., more generally described as being located at 4280 South Highway 79.

STAFF RECOMMENDATION: Staff recommends that the Variance to the Subdivision Regulations be continued to the November 19, 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 and gutter along the east-west rearage 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 assessment for the improvements;
That the Variance to the Subdivision Regulations to waive the requirement to install sewer along the east-west rearage 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 assessment for the improvements;
That the Variance to the Subdivision Regulations to waive the requirement to install street light conduit along the east-west rearage 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 assessment for the improvements;
That the Variance to the Subdivision Regulations to waive the requirement to install water, pavement, and dedicate additional right-of-way along the east-west rearage road be denied;
That the Variance to the Subdivision Regulations to waive the requirement to install curb and gutter along the north-south rearage 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 assessment for the improvements;
That the Variance to the Subdivision Regulations to waive the requirement to install water along the north-south rearage 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 assessment for the improvements;
That the Variance to the Subdivision Regulations to waive the requirement to install street light conduit along the north-south rearage 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 assessment for the improvements; and,
That the Variance to the Subdivision Regulations to waive the requirement to install sewer and pavement along the rearage road be denied.