No. 05UR012 - Nicholl's Subdivision

An appeal of the Planning Commission's decision on a request by Hengel Associates P.C. for Doyle D. Estes to consider an application for a Conditional Use Permit to allow an on-sale liquor establishment in the General Commercial Zoning District on Lot 2, less west 250 feet, Nicholl's Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1241 East Saint Joseph Street.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission approved the Conditional Use Permit to allow an on-sale liquor establishment in the General Commercial Zoning District with the following stipulations:
1.
The on-sale liquor establishment shall be operated in conjunction with a full service restaurant;
2.
All applicable provisions of the International Fire Codes shall be continually met;
3.
The parking plan shall continually comply with all requirements of the Zoning Ordinance;
4.
A revised landscaping plan shall be provided prior to Planning Commission and the landscaping plan shall continually comply with all provision of the Zoning Ordinance and be maintained in a live vegetative state and replaced as necessary. In addition, curb stops of some form of landscape protection device around plant material must be included in the landscaping plan;
5.
A five foot curbside sidewalk shall be placed adjacent to E. St. Joseph Street frontage prior to a Certificate of Occupancy;
6.
The abandoned roof sign shall be removed prior to obtaining a Building Permit and a sign package shall be submitted prior to Planning Commission or an Amendment to the Conditional Use Permit shall be required;
7.
A Sign Permit shall be obtained prior to any signs being placed on the subject property;
8.
A revised site plan shall be provided indicating water, sewer and utility service lines on the subject property prior to obtaining a Building Permit;
9.
A Building Permit shall be obtained prior to any construction and a Certificate of Occupancy shall be obtained prior to occupying the building;
10.
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: (7 to 1 with Anderson, Brewer, Brown, LeMay, Nash, Prairie Chicken and Schmidt voting yes and Andrews, voting no.)