Staff Report Vicinity Map Aerial Photograph Exhibit Site Plan Legal Description for On-Sale Liquor

No. 01UR024 - Baken Park Shopping Center - Section 3, T1N, R7E
A request by Dream Design International to consider an application for a Use On Review to allow an on-sale liquor establishment on Lots D-G of Lot 1 less Lot H and less highway right-of-way, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 901 Mountain View Road.

Staff recommends that the Use On Review to allow an on-sale liquor establishment be approved with conditions as recommended by the Planning Commission on property described by the following legal description only: Lease area located in Lot E of Lot 1 (of the Baken Park Subdivision) in the NE1/4, NE1/4 of Section 3, Township One North (T1N), Range Seven East (R7E), Black Hills Meridian, Rapid City, Pennington County, South Dakota, as recorded in book of Plats 3 page 122 more particularly described as follows. Beginning at the NW corner of the building known as 609 Mountain View this being the point of beginning from which the NW corner of said Lot E of Lot 1 bears N53º38’W 246.60 feet; thence along the building line S89º40’55"E, 44.21 feet, thence along the building line S00º10’06"W 50.90 feet, thence along the building line S89º40’55"E, 3.00 feet, thence along the building line S44º49’54"E, 4.00 feet, thence along the building line S00º10’6"W, 6.20 feet, thence along the building line S45º10’06"W, 4.00 feet, thence along the building line N89º40’55"W, 6.55 feet, thence along the building line S00º10’06"W, 43.56 feet, thence along the building line N89º40’55"W, 40.65 feet, thence along the building line N00º10’06"E, 17.03 feet, thence along the building line N89º40’55"W, 3.40 feet, thence along the building line N00º10’06"E, 44.80 feet, thence along the building line S89º40’55"E, 3.40 feet, thence along the building line N00º10’06"E, 44.50 feet, to the Point of Beginning, of said lease area containing 0.109 acres, more or less (in accordance with the provisions of Condition No. 6).

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Use On Review to allow an on-sale liquor establishment be approved with the following stipulations:

Engineering Division Recommendations:

  1. Prior to issuance of a Certificate of Occupancy, the two approaches closest to the intersection, one on Mountain View Street and one on West Main Street shall be eliminated;

Fire Department Recommendations:

  1. That prior to issuance of a Certificate of Occupancy, all fire codes must be complied with;

Building Inspection Department Recommendations:

  1. That a Building Permit shall be obtained prior to any construction and a Certificate of Occupancy shall be obtained prior to occupancy;

Urban Planning Division Recommendations:

  1. The Use on Review approval shall expire if the use is not undertaken and completed within two years of the date of approval by the City Council, or if the use as approved has ceased for a period of two years;

  2. Prior to issuance of a Building Permit a complete sign package shall be submitted for review and approval; and,

  3. Prior to City Council approval, the applicant shall provide a separate legal description for the on-sale liquor establishment and the Use On Review shall be approved only for that premise.

Vote: (8 to 0)