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 Subdivision Regulations be continued to the May 3, 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)