No. 08SV055 - GFP Subdivision

A request by FMG, Inc. for Northwestern Engineering to consider an application for a Variance to the Subdivision Regulations to waive the requirement to dedicate right-of-way and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the Section Line Highway; to reduce the right-of-way width from 100 feet to 80 feet and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, sewer and water along North 44th Street; to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, sewer and water along Meadowwood Drive; and, to reduce the right-of-way width from 59 feet to 40 feet and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, sewer, water along the existing 40 foot wide right-of-way as it abuts the east lot line of the property and to waive the requirement that an unusable reserve strip be prohibited as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 3 of GFP Subdivision and dedicated Right-of-way for Meadowwood Drive and North 44th Street, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract A, Lot K and Lot 1 of Tract B all of Meadowwood Subdivision, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northern terminus of North 44th Street between City Springs Road and Sturgis Road.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the City Council acknowledge the applicant’s request to withdraw the Variance to the Subdivision Regulations to reduce the right-of-way width from 100 feet to 80 along N. 44 th Street, to reduce the right-of-way width from 59 feet to 40 feet along the existing 40 foot wide right-of-way located along the east lot line of the property and to allow an unusable reserve strip;

That the Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, sewer and water along Meadowwood Drive, the existing 40 foot wide right-of-way as it abuts the east lot line of the property and along N. 44 th 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 improvements; and,

That the Variance to the Subdivision Regulations to waive the requirement to dedicate right-of-way and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the section line highway 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.


VOTE: (6 to 0 with Brewer, Brown, Hennies, Marchand, Rolinger and Scull voting yes and none voting no)