No. 09SV007 - Canyon Lake Heights Subdivision

A request by Matt Benne for Angie Charlson 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 Cliff Drive and to reduce the pavement width from 27 feet to 20 feet and 18 feet along Cliff Drive; to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the 30 foot wide private roadway easement, to reduce the pavement width from 20 feet to 12 feet along the 30 foot wide private roadway easement and to reduce the width of the private roadway easement from 45 feet to 30 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lots A, B, C and D of Lot 4R of Block 15 of Canyon Lake Heights Subdivision, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 4R in Block 15 of Canyon Lake Heights Subdivision, as shown in the plat filed in Plat Book 28, Page 87 and as corrected by Affidavit recorded December 17, 1997 in Book 69, Page 9640, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4560 Cliff Drive.


STAFF RECOMMENDATION:

Staff recommends that the Variance to the Subdivision Regulations be continued to the June 1, 2009 City Council Meeting at the applicant's request.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommend that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Cliff Drive and to reduce the pavement width from 27 feet to 20 feet and 18 feet be approved with the following stipulations:

1.

Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessment for the improvements;

2.

Prior to City Council approval, the drainage plan shall be revised to address street drainage along Cliff Drive to insure that curb and gutter is not needed;

3.

A sidewalk shall be provided along the west side of Cliff Drive;

4.

Prior to City Council approval, recent test data confirming well capacity shall be submitted for review and approval;

5.

The residential structures shall be provided with fire sprinkler protection as per the National Fire Protection Association Code 13D;

6.

Upon submittal of a Final Plat application, surety shall be posted for the fire sprinkler systems as a part of the subdivision improvements; and,

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the 30 foot wide private roadway easement be approved with the following stipulations;

1.

Prior to City Council approval, recent test data confirming well capacity shall be submitted for review and approval;

2.

Prior to City Council approval, the drainage plan shall be revised to address street drainage along the private roadway easement to insure that curb and gutter is not needed;

That the Variance to the Subdivision Regulations to reduce the pavement width from 20 feet to 12 feet along the 30 foot wide private roadway easement be approved; and

That the Variance to the Subdivision Regulations to reduce the width of the private roadway easement from 45 feet to 30 feet be denied.

VOTE: (5 to 1 with Anderson, Brewer, Landguth, Rolinger and Scull voting yes and Hennies voting no)