No. 09SV009 - Discovery Subdivision

A request by Dream Design International, Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Elk Vale Road and Interstate 90 as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 1, 2 and 3 of Tract 3 of Discovery Subdivision, legally described as Tract 3 of Discovery Subdivision located in the NE1/4 of the SE1/4 and in the SE1/4 of the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1851 Discovery Circle.


STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be denied without prejudice at the applicant's request.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Elk Vale Road and Interstate 90 as per Chapter 16.16 of the Rapid City Municipal Code be approved with the following stipulation:

1.

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


VOTE: (7 to 0 with Brewer, Brown, Gregg, Hennies, Landguth, Scull and Waltman voting yes and none voting no)