1987-06-24 - Laserfiche WebLink

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. . Minutes - Plan Commission Page 3 June 24, 1987 Chairman McCauley requested that Planning staff draw up a new roster of Plan CommissIon members and officers. APPLICATION FOR CONDITIONAL USE PERMIT NO. 252. LOREN AND MARSHA GROSSMAN. CARRY-OUT RESTAURANT AT 6633 DELMAR BOULEVARD Chairman McCauley asked Mr. and Mrs. Grossman to present their application for a Conditional Use Permit for a carry-out restaurant at 6633 Delmar Boulevard. Mr. Grossman came forward and stated to Commission members that what he proposed for the Delmar location was a fast food franchise operation known as Subway Sandwich Shop to serve sandwIches and salads with no cookIng done on the premIses. He had received and reviewed the Planning staff report recommending approval of the Use Permit subject to several conditions. His only questIon regarded the recommendatIon that the Permit be granted to the Grossman's exclusively and that the permit would be null and voId for any other operator of the business unless City Council should first transfer the Use Permit to another operator. He stated that It would make their ownershIp and operatIon of the restaurant In that location of less value should they wish to sell the business. Mr. Marsh asked if the proposed closing hour of 2:00 a.m. was important to the business In this location. Mr. Grossman stated that it was the policy of the franchisor to establish this closing hour, but he had no objection to Plannina staff's suggestIon of the hours of operatIon being reviewed by the City Council six months after the business opens. Mr. McCauley asked if the prohIbition on decorative window lights by the University City Sign Code posed any problem for Mr. Grossman's exterior renovation plans. Mr. Grossman stated that this was not a problem and that he would comply with the Zoning and Sign Code in every way. Mr. Kendall asked if there would be restrooms available to the restaurant patrons. No restrooms had been Indicated on the InterIor renovation plans submItted by Mr. and Mrs. Grossman. Mr. Grossman Indicated that there were two other stores in the same buildIng; that his restaurant and the two other stores would share publIc restroom facilities. Ms. Elwood stated that the University CIty Building and Plumbing Code governed requirements for restrooms in commercial spaces that must be provIded by busInesses and that Plan Commission approval of thIs applicatIon would be no indication that Mr. Grossman had complied with the Building Code with regard to public restroom availabilIty. Mr. Rice asked if the carry-out aspect of the proposed restaurant would produce a litter problem. Mr. Grossman stated that the restaurant served with paper servIce exclusively and had not dIscussed thIs problem with Planning staff; however, he proposed to provide indoor trash receptacles at entrance and exit doors. Mr. Rice suggested that an addItional condItIon be added to the recommendation of the Use Permit that the Grossmans have the restaurant staff patrol the area adjacent to the restaurant to remove litter and debris. Mr. Ollendorff added that it would be wise to add this condition as it was the same condition required of many other carry-out restaurants In the City. Chairman McCauley called for a discussion regarding the applicant's concern over the Conditional Use Permit being issued exclusively to them. Ms. Elwood explaIned that the Planning Director recommended that the City Council could transfer the Use Permit to another operator or owner of the business and that this would merely call for such a request by the Grossmans to the City CouncIl prior to selling the business.