No. 09SV008 - East Mall Business Center

A request by Ferber Engineering Co., Inc. for FMLC, Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install additional pavement, curb, gutter, sidewalk, street light conduit and sewer as per Chapter 16 of the Rapid City Muncipal Code on Lot 1 of Block 5 of East Mall Business Center Subdivision and dedicated Public Right-of-way for Tish Boulevard, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 north of Interstate 90 less Tract A of the NE¼ SE¼ and less lots H5, H6, H7, H8 and H9 but including that part of vacated East Mall Drive being part of the outside edge of Lot H5; and part of the SW¼ north of Interstate 90 including vacated East Mall Drive within said SW¼ and less Lot 1 of NE¼ SW¼ and less Lots 1 and 2 of NW¼ SW¼ and less Lot H5 and less lot H8; and part of Lot 1 of the NE¼ SW ¼ including vacated East Mall Drive within said Lot 1 and less Lot H7; and part of NW¼ including vacated East Mall Drive within said NW¼ less Lots AR, B, C and less E½ NE¼ NW¼ and less E½ NW¼ NE¼ NW¼ and less Lots H2 and H4; and part of Lot C of SE1/4 NW¼ less Lot H3 and less Lot H1; and part of Lot 1 of Silver Strike Subdivision; and all located in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of East Mall Drive between Tish Boulevard and Dyess Avenue.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install sidewalk and street light conduit as per Chapter 16 of the Rapid City Muncipal Code be denied without prejudice; and,


That the Variance to the Subdivision Regulations to waive the requirement to install additional pavement, curb, gutter, and sewer as per Chapter 16 of the Rapid City Muncipal Code 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 Anderson, Brewer, Hennies, Landguth, Rolinger and Scull voting yes and none voting no)