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Session 1568, Minutes May 4, 1992 Page 4 University City Zoning Code and receive the express approval of the city Plan CoImnission and City Council. 7. Adequate refuse disposal shall be provided by and for the business. 8. An adequate system or other means shall be used to prevent any food preparation odors or cooking odors from being readily perceptible beyond the lot lines of the restaurant property. 9. '!he operator of the restaurant shall regularly police the site and the area adj acent to the restaurant to rem:we litter and debris. 10. Trash containers for patron use shall be available on the premises at all times and shall be maintained and emptied regularly. '!he applicant, Mr. Jerry Brown, 7115 Hazelwood, said he plans to operate an ice cream store at 8107 Olive and will comply with all conditions, although he had some COncen1 alx>ut providing access for the handicaPPed. Mr. Adams said the federal Americans with Disabilities Act was passed last year, and all must comply with its provisions. Mrs. '!horrpson conunended Mr. Brown for the manner in which he operates his other business on Olive. Mr. Schoorner m::wed approval with all conditions. Mr. Price seconded the m0- tion, which carried unanimJusly. RESUBDIVISION - 7346 WES'IM)REI.AND '!he city Manager agreed with Plan COmmission findings that the proposed lot split does not meet the prevailing pattern of the neighborhood for lot area and width. '!he CoImnission also points out that if this proposal does not maintain and improve the residential neighborhood, it would violate the City's COllprehensive Plan. Although the proposal meets many of the minimum yard and lot measurement requirements, it is apparent that compromises in building design will have to be made, given the irregular shapes and narrowed rear yard. Ms. Carolyn Whittington, ziercher & Hocker, 130 S. Bemiston, attorney repre- senting Randall and Linda comfort, 7346 Westmoreland, said the comforts wish to subdivide their property. She said their proposal was in compliance with Section 34-30 of the zoning Code and Olapter 29 of the Municipal Code. '!he two parcels created would be irregularly shaped, with lot E having 110 feet of frontage and the existing house, garage and swllmning pool, and lot W hav- ing 100 feet of frontage tapering to 50 feet at the rear. She said lot w will eventually be improved with a single-family residence, but it has not yet been designed. and she could not say if it will confonn to side or rear yard setbacks or other requirements. She asked that their plan be approved. Mr. Jay SUshelsky, 7334 Westmoreland, the neighbor i1mnediately east of the subject property, urged the Council to follCM the recommendations of the City Manager for the reasons stated. He also suggested that Council consider amen::ting Olapter 29 with resPect to allCMing the Council more discretion in considering future applications for resubdi vision. He felt this application runs afoul of the city's COllprehensi ve Plan, but if the Council were vested with more discretion it would be possible to consider items outside of the ones set forth so strictly in the ordinance.