No. 07SV067 - Rushmore Center

A request by Dream Design International, Inc. to consider an application for a Variance to the Subdivision Regulations to waive the requirement to intall curb, gutter, sidewalk, street light conduit, water, sewer and pavement along E. Anamosa Street, Luna Avenue and Riley Avenue and the intersection of Riley Avenue and Sunnyside Avenue as per Chapter 16.16 of the Rapid City Municipal Code on Tracts A and B of Rushmore Center, located on a portion of the SE1/4 of the NW1/4 of the SE1/4, a portion of the SW1/4 of the NE1/4 of the SE1/4, a portion of the SW1/4 of the SE1/4, and a portion of the SE1/4 of the SE1/4, all in Section 30, T2N, R8E, BHM; vacated Lots 1 thru 21 , and vacation portion of alley of Block 11, vacated portion of Sunnyside Avenue, and Poplar Avenue, all in Plainview Second Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NW1/4 of the SE1/4, a portion of the SW1/4 of the NE1/4 of the SE1/4, a portion of the SW1/4 of the SE1/4, and a portion of the SE1/4 of the SE1/4, all in Section 30, T2N, R8E, BHM; vacated Lots 1 thru 21 , and vacation portion of alley of Block 11, vacated portion of Sunnyside Avenue, and Poplar Avenue, all in Plainview Second Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located North of E. Anamosa Street, South of Eglin Street and east of North LaCrosse Street.


STAFF RECOMMENDATION:
Staff recommends that the Variance to the Subdivision Regulations be continued to the February 4, 2008 City Council meeting as the stipulation of approval has 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, sewer and pavement along Riley Avenue and Sunnyside Avenue be approved with the following stipulation:

1.

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

That the V ariance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Luna Avenue be denied; and,

That the V ariance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along E. Anamosa Street be denied.


VOTE: (8 to 0 with Anderson, Brewer, Brown, Collins, Derby, Gregg, Landguth and Scull voting yes and none voting no)