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Session 1567, Minutes April 20, 1992 Page 5 10. '!he synagogue shall develop am endeavor in good faith to implement the entire project (including exterior work such as laOOscaping am fencing) as soon as practical after conunencement of constnlction. It is urrler- stood that Force Majeur am weather conlitions may affect the progress of constnIction, am that weather am season may detennine the scheduling am installation of laOOscaping am the performance of other exterior site am constnlction work. 11. 'Ibis Use Pennit is granted to the awl icant , Young Israel of st. IDuis, Inc. as an orthodox JeYlish Synagogue operating within these corrlitions. If the applicant discontinues as the principal operator or user of the conlitional use, the pennit is null am void. It shall be urrlerstood that there is no obligation on the part of the City to approve any other use or user unless based on evidence submitted at a public hearing it firrls that such change will be beneficial to the surrourrling residential neighborhood. 12. Any enlargement, alteration or change in the use of the premises must be approved by the City Council as amendment to the Corrlitional Use. Mr. Schoorner moved that the conlitional use pennit for 8041 Delmar be removed from the table. Mr. Wagner seconded the mJtion, which carried unanimously. Mr. Schoorner then moved that Conlition #4 be changed from that shown in the March 16, 1992 minutes, to Conlition #4 as shown above. Mr. Mans seconded the mJtion. Mrs. Schuman said the purpose of original Conlition #4 was to provide an ex- panded parking plan on paper that would allow for future additional parking, should it be needed. She felt that was still necessalY. Mayor Majerus said those wishing to speak on this item will be heard before a vote is taken. Mr. Darwin Portman, 7245 Cornell, supported the application am the locating of places of worship in residential areas for three reasons--property values are not lowered by proxi1nity to a church; there are many areas in University city where churches are immediately adj acent to residential areas with no ad- verse effects; am the Missouri SUpreme Court has already addressed this is- sue, ruling that places of worship may not be barred from residential areas. Mrs. Inez S. Moore, 8109 Delmar, was opposed to allowing a synagogue to be built at this location because the site is too small. She said she could not urrlerstarrl why anyone would want to put such a facility in this small area. Mr. Emmitt Moore, 8109 Delmar, said families in this area have been used to peace am quiet, but if the synagogue is built there will be noise early in the morning, headlights, activity that neighbors are not used to, am separa- tion of three houses west of the site from the rest of the neighborhood. He also thought the site was too small am that property values would decline. Ms. Patte Hennessey, 8037 Delmar, said an appraiser was asked to detennine if any damage might be done by the constnIction next door to three lovely old trees in her back yard. 'Ibis expert said two of the trees would probably die