Posted: December 22, 2016
Rapid City
Agenda Item Summary

Agenda Item Ref. #: LF122816-05

Agenda Item Title:

Authorize Mayor and Finance Officer to Sign No Build Easement and Agreement with 118 Main Street LLC and Lee Consolidated Holdings Co.

Origination Group:
Legal & Finance Committee
Origination Meeting Date:
12/28/2016
City Council Hearing Date:
01/03/2017
Staff Contact:
Brad Solon, Carla Cushman
Agenda Item Summary:
118 Main Street LLC is renovating a building at 118 Main Street and wishes to upgrade and replace windows on the east wall of the structure. However, because the building is located 0 feet from the eastern property line, the City building code imposes substantial burdens upon any windows or openings on the east wall to address fire safety. To address these code provisions, the property owners have agreed that no structures will be placed within 5 feet of the property line by executing this no build easement. This agreement allows the City to issue a building permit for renovation in compliance with the building code. It also ensures that if an encroachment on the easement occurs in the future, the owner must bring the building into compliance with all code provisions applicable at that time.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center

Recommendations:

Origination Recommendation Action:
Approve

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