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Session 1580, Minutes November 9, 1992 Page 4 OONDITIONAL USE AMENmENI' '!he City Manager concurred in the Plan Canmission am staff conclusion that the u.City Bar-B-Que pennit should not be amerrled to pennit Chrisbnas tree or other outdoor sales on this property, since that will overl:m:"den the property am errlan:Jer the site inprovements made by the ~tors, Mr. am Mrs. Bell. '!he property owner, Mr. Charles Grady, 11369 Prentice, Florissant, asked the Council to allow Chrisbnas trees to be sold on this lot, addi.rq that it was done for many years in the past. He felt he was beirg discriminated against, notirg that a nnIch larger lot ~tes at the Grarrlpa' s store in December. He said he did not realize a spec:ial license was needed, am asked if Grand- pa I s had such a license. Mrs. '!hompson wanted to know that also. Mr. Ollen:iorff said he would guaran- tee that Chrisbnas trees are not sold at Grarrlpa's without a proper pennit. Mrs. '!hompson asked hCM a tree lot would hurt the inprovements made by the Bells. Mr. Ollen:iorff said when the u.City Bar-B-Que pennit was approved, Council required larrlscapirg am other inprovements; the applicants agreed to all corrlitions, one of which was that there would be no outside sales. In response to Mr. Adams, Mr. Grady said he did not know about the corrlitions on the use pennit until after it was approved. Mr. Adams asked why Mr. Grady did not object at that time. Mr. Grady said he thought he could use the Per- mit he had last year to sell plants this sprirg; he was told then he could no longer use it am would need a spec:ial use pennit approved by Council. He said he lOCIVed inunediately when he discovered what he would have to do. In response to Mr. Price, Mr. Ollen:iorff agreed that trees were sold at that location for sane years. Mr. Price did not think it would be an eyesore, as was suggested. Mr. Ollen:iorff said the Plan Cammission felt that recent changes on the property were a major inprovement, but sellirg trees does not enhance what is there now. Mr. Schoomer said although Mr. Grady did sell trees at this site previOUSly, a new use for the property was approved by Council; now it is fourrl that the pennit holder does not control the site, am Mr. Grady wants to use the site for a prohibited use. He lOCIVed denial. '!he IrOtion died for lack of a second. Mrs. '!hompson lOCIVed approval, am Mr. Price secorrled the notion. Mrs. Schuman said if sales are approved, the site plan shOW'S that sane of the parking will be usurped; she suggested that sales be lOCIVed further back so parking is affected as little as possible. Mr. Adams agreed, adding that traffic flCM in the lot would be hirrlered with the present plan. Mr. Schoomer pointed out that if this is passed, Council would be granting pennission to use the lot in this way in perpetuity am weakening the argu- ment for limitirg the property to a single use, in effect rezonllg the lot. Council.members Price am '!hompson voted Aye, with Councilmembers Adams, Wag- ner, Schuman, Schoomer, am Mayor Majerus votirg Nay. '!he IrOtion failed by a