Staff Report Vicinity Map Aerial Photograph Public Comment Site Plan

No. 01UR023 - Marshall Heights Subdivision No. 2
A request by Chris Larson for Outback Steakhouse to consider an application for a Major Amendment to a Use On Review for an on-sale liquor establishment to allow temporary outdoor seating on Lot 2 of Tract E of Marshall Heights Subdivision No. 2, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 665 East Disk Drive.

Staff recommends that the Use On Review be denied without prejudice.  The date of temporary use has passed and the stipulations of approval have not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Major Amendment to a Use On Review for an on-sale liquor establishment to allow temporary outdoor seating be approved with the following stipulations:

Engineering Division Recommendations:

  1. Prior to issuance of a Temporary Use Permit, the applicant shall verify that the capacity of the existing lift station is adequate to handle the increased hydraulic loading or provide portable chemical toilets;

Fire Department Recommendations:

  1. Prior to issuance of a Temporary Use Permit, the applicant shall provide a Tent Inspection Checklist and Tent Inspection Plan Review to the Fire Department for their review and approval;

  2. That all outdoor cooking facilities shall have proper protection as required by the Rapid City Fire and Mechanical Code;

  3. Prior to initiation of the outdoor event, an on-site inspection shall be completed by the Fire Department;

Building Inspection Department Recommendations:

  1. The applicant shall obtain a Temporary Use Permit and comply with all provisions of the Uniform Fire Code Article 32;

  2. The applicant shall obtain a Sign Permit for any additional signs posted in conjunction with this event;

Urban Planning Division Recommendations:

  1. That the outdoor event shall cease no later than 10:00 p.m.;

  2. That the Major Amendment to the Use on Review be approved only for August 2, 2001 through August 7, 2001 and any additional outdoor events shall require an additional Major Amendment to the Use on Review;

  3. That an on-site inspection shall be conducted following the event to ensure that the landscaping requirements are continually met;

  4. That the use shall be restricted to the fenced area;

  5. That the applicant shall provide security to check identification of patrons entering the fenced area and to ensure that the consumption of alcoholic beverages occurs only within the fenced area;

  6. Prior to City Council approval, the two trees included on the approved landscaping plan shall be installed or surety in the amount necessary to complete the installation shall be posted; and,

  7. Prior to City Council approval, a revised site plan shall be submitted identifying the location of the tent outside of the required front yard setback.

Vote: (6 to 0)