No. 06UR022 - Original Town of Rapid City

An appeal of the Planning Commission's decision on a request by Frank Morrison to consider an application for a Conditional Use Permit to allow an on-sale liquor establishment on Lots 10, 11 and 12 of Block 82 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 819 Main Street.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended to amend and approve the Conditional Use Permit to allow an on-sale liquor establishment with the following stipulations:

1.

A Building Permit shall be obtained prior to any construction and an Occupancy Permit shall be obtained prior to occupancy;

2.

Prior to obtaining a building permit, all plans shall be stamped and prepared by a Registered Professional Engineer and/or Architect as per SDCL 36-18A;

3.

The structure shall be fully fire sprinklered and fire alarmed/detected and all applicable provisions of the 2003 International Fire Codes shall be continually met;

4.

The proposed structure shall conform architecturally to the plans and elevations submitted. Any expansion to the use will require a Major Amendment to the Conditional Use Permit;

5.

The on-sale liquor establishment shall be operated in conjunction with a full service restaurant;

6.

A Sign Permit shall be obtained prior to any signs being placed on the subject property and shall comply with the Sign Code Regulations. The signs shall meet the site plan as shown and as approved by the Historic Sign Review Committee;

7.

No outside patio or open air windows are allowed. Any expansion of the use will require a Major Amendment to a Conditional Use Permit;

8.

The parking lot located west of the building shall be eliminated;

9.

The Conditional Use Permit shall expire if the use is not undertaken and completed within two years of the date of approval by the Planning Commission, or if the use as approved has ceased for a period of two years.

10.

The use of the property is limited to on-sale beer and wine only in conjunction with a full service restaurant. A major amendment to the Conditional Use Permit will be required if there is a request to expand the liquor use.


VOTE: (5 to 2 to 1 with Brown, Collins, Gregg, LeMay, and Runde voting yes and Hennies and Landguth voting no and Brewer abstaining)