No. 07SV042 - Tuscany Square Subdivision

A request by TSP for Bob Brandt to consider an application for a Variance to the Subdivision Regulations to reduce the width of the access easement from 59 feet to 26 feet, to waive the requirement to provide a minimum eight foot wide drainage and utility easement, and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Tract 1 and Tract 2 of Tuscany Square Subdivision, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Dan's Supermarket Tract Revised, less Lot 1 [also in Block 67] and less Lot H-1 of Block 66 of the Original Town of Rapid City, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 333 Omaha Street.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to reduce the width of the access easement from 59 feet to 26 feet and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the access easement be denied without predjudice with the applicant’s concurrence;

That the Variance to the Subdivision Regulations to waive the requirement to provide a minimum eight foot wide drainage and utility easement along the interior of all lot lines be approved with the following stipulation:

1.

An eight foot wide drainage and utility easement shall be provided along the interior of all lot lines except where the easement interferes with an existing building;

That the Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Rapid Street 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 improvement; and,

That the Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Third Street 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 improvement.


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