1992-10-28 - Laserfiche WebLink

Home Browse Search

* . . October 28,1992 Plan Commission Meeting Minutes Page 2 #294(A) for 6985 Olive in order to permit annual Christmas tree sales in addition to the carry- out restaurant use. The Chairperson outlined the Commission's procedures and criteria for reviewing conditional use permits and called for testimony from the applicant. The applicant, Mr. Charles Grady, 11369 Prentice Drive, Florissant, MO 63033, appeared. Mr. Grady stated that he wished to continue to sell Christmas trees at the lot as he has done for the past ten years, and as someone else had done for many years prior. Now that U. City Bar- B-Que has moved in, he wishes to have Condition 14 of their Conditional Use Permit amended in order to permit the sale of trees. He stated that the sales will be from approximately December 1st through December 23rd, with hours of operation from 11 a.m. to 9 p.m. Chairperson Kreishman asked Mr. Goldman to report on the staff review. Mr. Goldman stated that Mr. Charles A. Grady has filed an application for a conditional use permit to allow sales of Christmas trees at 6985 Olive Boulevard. The application further amends Conditional Use Permit #294A, issued September 19, 1991 and Amended Conditional Use Permit #294A issued April 8, 1992. The current Conditional Use Permit is for a carry-out restaurant and was issued to Virginia and Roderick Bell doing business as U. City Bar-B-Que. The conditions of the permit prohibit the outdoor sales of Christmas trees and other items. In testimony before the Plan Commission on April 24, 1991, Mr. Bell indicated that they were entering into a lease- purchase agreement with Mr. Grady and would eventually own the property. When development plans were presented by Mr. Bell to the Plan Commission on May 22, 1991, the plans included the entire site. In Mr. Goldman's judgement, when the Plan Commission recommended approval of Virginia and Roderick Bell's application and subsequent amendments, it was operating under the belief that the Bells had full control of the entire site and that the owner of the property would no longer have standing to use or lease out portions of the site for seasonal outdoor sales. The site plan submitted with the current application shows a proposed Christmas tree sales area that is not drawn to scale or located on the lot by dimension. If what is drawn represents the location of the sales area, it encroaches on the parking and landscaped areas previously approved by the City and installed by the Bells. Mr. Grady is not the owner of record, but he has indicated that he owns the property under a land contract that provides that the owner of record will retain the deed until the contract is fulfilled. This was verified by telephone with the owner of record. The application relies on a sentimental image of neighborhood residents and their children engaged in the traditional buying of Christmas trees within walking distance from their homes, including the participation of the whole family in selecting the tree and helping carry the tree to their home. The application goes on to state that trees have been sold at this location for 40 years. Mr. Goldman stated that it may be true that there have been outdoor sales from this lot in the past, but a check of business licenses shows no such activity licensed for this location, although Mr. Grady obtained a Peddler's License last year (for the first time) and sold Christmas trees from the lot at 6985 Olive. He also is alleged to have sold flowers from this lot on Mother's Day, after his 1991 peddler's license expired. Mr. Goldman stated that the Christmas tree operation has been an eyesore, with trees scattered about supported on beat-up fence material or scaffold material leaning in every direction. In approving the conditional use permit with a prohibition on outdoor sales, the City eliminated a m-10-28.plc