No. 11UR020 - Original Town of Rapid City

Appeal of the Planning Commissions' Decision on a request by MHL, LLC for Dakota Soda Co, LLC to consider an application for a Conditional Use Permit to allow an On-Sale Liquor Establishment in conjunction with a Restaurant for Lots 24 through 27 and the eastern 15 feet of the south half of Lot 23 of Block 75 of the Original Town of Rapid City, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 512 Main Street, Suites 120 and 130 and private courtyard.


PLANNING COMMISSION DECISION:
Planning Commission approved the Conditional Use Permit to allow an On-Sale Liquor Establishment in conjunction with a Restaurant with the following stipulations:

1.

The on-sale liquor establishment shall operate in conjunction with a full-service restaurant. Any expansion to the on-sale liquor use shall require a Major Amendment to the Conditional Use Permit. Other permitted uses within the Central Business District shall be allowed, with the exception of conditional uses which shall require the review and approval of a Major Amendment to the Conditional Use Permit;

2.

All applicable provisions of the currently adopted International Fire Code shall continually be met;

3.

A building permit shall be obtained prior to any construction and a Certificate of Occupancy shall be obtained prior to occupancy;

4.

All provisions of the Central Business Zoning District shall be met unless an exception is specifically authorized as a stipulation of the Conditional Use Permit or a subsequent Major Amendment;

5.

The private courtyard shall be enclosed by a barrier when alcohol is being served;

6.

All plans submitted for a Building Permit shall be stamped by a licensed architect or professional engineer as per SDCL 36-18A;

7.

All signage shall conform to Chapter 15.28 of the Rapid City Municipal Code. No electronic signs are being approved as a part of this Conditional Use Permit to allow an On-Sale Liquor Establishment. All signage not in conformance with Chapter 15.28 of the Rapid City Municipal Code or any electronic reader board signs shall require the review and approval of a Major Amendment to the Conditional Use Permit. Lighting for the signs shall be designed to preclude shining on the adjacent properties and/or street(s).  A sign permit shall also be obtained for each individual sign. The approval of the Historic Sign Review Committee shall be obtained prior to obtaining the Sign Permit;

8.

All outdoor lighting shall be reflected within the property boundaries so as to not shine onto adjoining properties and rights-of-way and to not be a hazard to the passing motorist or constitute a nuisance of any kind; and,

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.


VOTE: (8 to 0 with Braun, Brewer, Landguth, Popp, Rolinger, Scull, Swank and Weimer voting yes and none voting no)