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No. 04SV019 - Fountain Springs Business Park
A request by Franklin Simpson for Fountain Springs Development to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and sidewalk as per Chapter 16.16 of the Rapid City Municipal Code on a parcel of land described by metes and bounds as beginning at the southwest corner of Tract L of the Fountain Springs Business Park:  Thence first course:  N89º23'38"E - 203.63 feet; thence second course:  S00º36'37"E - 555.42 feet; thence third course: S89º25'48"W - 124.89 feet; thence fourth course:  N08º41'27"W - 560.92 feet; said parcel located in the SW1/4 NE1/4 and NW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, containing 2.0949 acres, more or less and to be further described in platting as:  Tract N of the Fountain Springs Business Park formerly a portion of Tract C-R-3 of Fountain Springs Golf Course and Gardens located in the SW1/4 NE1/4 and NW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located along Fountain Plaza Drive between North Plaza Drive and South Plaza Drive.

Staff recommends that the Variance to the Subdivision Regulations be continued to the May 17, 2004 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 and sidewalk as per Chapter 16.16 of the Rapid City Municipal Code be approved with the following stipulation:

1. Prior to Preliminary Plat approval by the City Council, the applicant shall sign a waiver of right to protest any future assessments for the improvements.

Vote: (8 to 0 with Brown, Fast Wolf, Henning, Hoffmann, Nash, Prairie Chicken, Schmidt and Wevik voting yes and none voting no)