1988-08-24 - Laserfiche WebLink

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. . Minutes - Plan Commission Page 4 August 24, 1988 Mr. Rice seconded the motion on the amendment which passed by a vote of 6-1. Chairman McCauley called for a vote on the motion recommending approval of the application which passed by a vote of 7-0. Mr. Bruno introduced Commission members to the possibility of increasing the development by approximately five homes with the addition of 1.6 acres of property west of the site which is currently a part of the cemetery property bordered by North and South Road and Blackberry Avenue. Mr. Rice inquired whether the addition of this property would increase the overall density of the project. Mr. Bruno replied that since only .4 acres of the cemetery site were buildable, the overall density of the project would decrease. Mr. Bruno stated that if the property in question could be obtained, he would submit the appropriate permit applications to the Plan Commission for its consideration. APPLICATION FOR CONDITIONAL USE PERMIT #268 - UCITY VIDEO, INC., 7900 OLIVE BOULEVARD Chairman McCauley informed those present that the Plan Commission had scheduled a public hearing on an application for a Conditional Use Permit by Linda Smith, President of UCity Video, Inc., in order to allow a portion of the premises at 7900 Olive Boulevard (the future Westover Center) to be used as a video arcade. Chairman McCauley called on the applicant to present information on the application. Mrs. Linda Smith, President of UCity Video, a video rental business currently located at 1257 Ferguson Avenue, stated that she had received a copy of the Planning Director's report on the application recommending its denial. Mrs. Smith stated her belief that the proposed video arcade would provide a place where children and teens could congregate and not be wandering the streets. Her husband stated his belief that the plan for the arcade had been thoroughly developed. The use of the space as an arcade would not create any noise problems for the other commercial tenants in the center, and the owners planned to have a security guard on the premises most of the time. Chairman McCauley called on Mr. Goldman to present his report on the application. Mr. Goldman indicated that the video rental portion of the proposed business was a permitted use in this "GC"-General Commercial zoning district, but that any business with three or more indoor commercial amusement centers (video games) would be required to obtain a conditional use permit. Mr. Goldman stated that the applicants had not successfully proven in their application that the proposed use would be necessary for the public convenience at this location, be designed and operated to protect the public health, safety and welfare, or not cause substantial injury to the value of neighboring property. In short, the application did not meet all the tests required for the Plan Commission and City Council to allow issuance of a conditional use permit. Mr. Goldman further explained that in 1983 a video arcade located in this area of Olive Boulevard was the impetus for a rash of petty thefts in the neighborhood by which children obtained the money necessary to play the video games. At the request of merchants and neighboring residents, video games were made a conditional use requiring prior Council approval based on specific criteria. Mr. Goldman recommended denial of the application. Mr. Rice asked if the Smiths proposed to post a security guard on the premises in response to the City's request. The Smiths replied that hiring a security guard was