No. 09SV021 - 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 construct pavement, curb, gutter, sidewalk, water, sewer and street light conduit on the shared access easement as per Chapter 16.16 of the Rapid City Muncipal Code for proposed Lot 1 of Tract C of Rushmore Center, legally described as a portion of Tract C of Rushmore Center, located in E½ of the SE¼, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Tract C of Rushmore Center, common to a corner on the southerly boundary of Tract A of Block 2 of Rushmore Crossing, and the point of beginning, Thence first course: S60°51’06’E, along the northerly boundary of said Tract C, common to the southerly boundary of said Tract A, a distance of 306.46 feet to the southeasterly corner of said Tract A, common to the southwesterly corner of Tract B of Block 2 of Rushmore Crossing; Thence, second course: S60°52’33”E, along the northerly boundary of said Tract C, common to the southerly boundary of said Tract B, a distance of 9.77 feet; Thence, third course: S29°09’15”W, distance of 115.47 feet; Thence, fourth course: S00°06’45”W, distance of 153.92 feet; Thence, fifth course: N89°50’08”W, distance of 214.75 feet, to a point on the westerly boundary of said Tract C, common to the easterly edge of Luna Avenue right-of-way; Thence, sixth course: N00°09’48”E, along the westerly boundary of said Tract C, common to the easterly edge of said Luna Avenue right-of-way, a distance of 328.13 feet; Thence seventh course: curving to the left, along the westerly boundary of said Tract C, common to the easterly edge of said Luna Avenue right-of-way, on a curve with a radius of 536.00 feet, a delta angle of 08°35’09”, a length of 80.32 feet, a chord bearing of N04°09’13”W, and chord distance of 80.25 feet, to the northwesterly corner of said Tract C, common to a corner on the southerly boundary of said Tract A, and the point of beginning, more generally described as being located at 1520 Luna Avenue. |
PLANNING COMMISSION RECOMMENDATION: |
That the Variance to the Subdivision Regulations to waive the requirement to construct pavement and curb and gutter in the access easement be denied. |
VOTE: (8 to 0 to 1 with Braun, Brewer, Gregg, Kinniburgh, Landguth, Rolinger, Wyss and Zephier voting yes and none voting no and Scull abstaining) |