No. 09SV025 - Mahoney Addition

A request by Fisk Land Surveying & Consulting Engineers for Ehli Family Trust to consider an application for a Variance to the Subdivision Regulations to waive the requirement to allow a one foot public access and utility easement in lieu of a one foot right-of-way dedication and to reduce the pavement width from 27 feet to 24 feet as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots C, D and E of Mahoney Addition No. 2, legally described as the east 90 feet less the north 8½ feet of Block 103, the west 50 feet less the north 8½ feet of Block 102, the east 115 feet less the north 8½ feet of Block 102 all in Mahoney Addition, located in the SE¼ of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 125, 131 and 133 MacArthur.

STAFF RECOMMENDATION:

Staff recommends that the Variance to the Subivision Regulations be continued to February 1, 2010 City Council meeting as the stipulations of approval have not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Variance to the Subdivision Regulations to waive the requirement to allow a one foot public access and utility easement in lieu of a one foot right-of-way dedication and to reduce the pavement width from 27 feet to 24 feet as per Chapter 16.16 of the Rapid City Municipal Code be approved with the following stipulations:

1.

Prior to Preliminary Plat approval by the Planning Commission, the applicant shall submit a revised plat document identifying a one foot Public Access and Utility Easement along the north lot lines; and

2.

Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessment for the pavement improvement. 

VOTE: (8 to 0 with Brown, Gregg, Kinniburgh, Landguth, Marchand, Rolinger, Scull and Wyss voting yes and none voting no)