No. 08SV057 - Keller Subdivision

A request by Renner & Associates for Pete Lien and Sons to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Sturgis Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota , legally described as Lots A and B of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, more generally described as being located Black Hills Dog Track adjacent to the west side of Sturgis Road and south of the intersection of Universal Drive and Sturgis Road.


STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continue to the April 6, 2009 City Council meeting as the stipulations of approval have not been met.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommends that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Sturgis Road as per Chapter 16.16 of the Rapid City Municipal Code be approved with the following stipulation:

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 curb, gutter, sidewalk, street light conduit, water and sewer on the existing access easement as per Chapter 16.16 of the Rapid City Municipal Code be approved; and,

The Variance to the Subdivision Regulations to waive the requirement to install pavement and to reduce the right-of-way width from 59 feet to 40 feet on the existing access easement as per Chapter 16.16 of the Rapid City Municipal Code be denied without prejudice.

VOTE (5 to 2 with Brewer, Collins, Gregg, Marchand and Waltman voting yes and Rolinger and Scull voting no)