STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continued to the July 2, 2007 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 install curb, gutter, sidewalk, street light conduit, water and sewer and to reduce the width of the access easement serving Lots 1 and 2 from 59 feet to 26 feet be approved with the following stipulations:

1.

Prior to City Council approval, the applicant shall post surety for the design and construction of the access easement. In particular, the access easement shall be constructed with a minimum 26 foot wide paved surface;

2.

Upon submittal of a Final Commercial Development Plan, pedestrian access shall be provided through the site, lighting shall be provided throughout the parking lot and along the access easement as needed, a separation shall be provided between the access easement and the parking area and utilities shall be extended as needed to serve the proposed Lots;

That the Variance to the Subdivision Regulations to waive the requirement to install sidewalk and street light conduit and to reduce the width of the access easement serving Lot 3 from 59 feet to 54 feet be approved with the following stipulation:

1.

Upon submittal of a Final Commercial Development Plan, pedestrian access shall be provided through the site and lighting shall be provided throughout the parking lot and along the access easement as needed;

2.

A sidewalk shall be provided along one side of the access easement as proposed;

That the Variance to the Subdivision Regulations to waive the requirement to install sidewalk along both sides of E. Mall Drive be approved with the following stipulations:

1.

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

2.

A sidewalk shall be constructed on the south side of the street;

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement along Offutt Street and Beale Street be approved with the following stipulation:

1.

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

That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Interstate 90 be approved with the following stipulation:

1.

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

That the Variance to the Subdivision Regulations to waive the requirement to provide an eight foot wide utility easement on the interior side of the east lot line of Lots 2 and 3 and a portion of the south lot line of Lot 3 be denied without prejudice at the applicant’s request.