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. . October 25, 1995 Plan Commission Meeting Minutes Page 6 The motion was seconded by Ms. Glassman and passed by a vote of 3 to 2, with Mr. Kahn, Ms. Glassman and Ms. Ratner voting "aye" and Mr. Foxworth and Mr. Solodar voting "nay." The Plan Commission determined that the evidence presented supports the conclusion that the proposed conditional use: a) Complies with all applicable provisions of chapter 34 of the University City Zoning Code; b) At the specific location will contribute to and promote the community welfare or convenience; c) Will not cause substantial injury to the value of neighboring property; d) Complies with the overall neighborhood development plan and existing zoning district provisions; and e) Will provide, if applicable, off-street parking and loading areas in accordance with the standards contained in the University City Zoning Code. Public Hearing: Conditional Use Permit Application #328, carry-out 1 drive-through restaurant, 7290 Olive Vice Chairperson Solodar announced that a public hearing was scheduled to hear an application from M. Elizabeth and Mark DuBro for a conditional use permit to allow the premises located at 7290 Olive to be used as a carry-out 1 drive-through restaurant. The Vice Chairperson noted the Commission's procedures and criteria for reviewing conditional use permits and amendments to them. The Vice Chairperson specifically stated that the Plan Commission must consider whether the use: a) complies with all applicable provisions of the Zoning Code; b) at the specific location will contribute to and promote the community welfare or convenience; c) will not cause substantial injury to the value of neighboring property; d) complies with the overall neighborhood development plan and existing zoning district provisions; and e) will provide, if applicable, off-street parking and loading areas in accordance with the standards contained in the Zoning Code. The Vice Chairperson called upon the applicant. Mark Dubro, 6717 Vernon, University City, MO 63130 gave an overview of the plans for the carry-out 1 drive-through restaurant. He stated that they are merely taking over an existing restaurant whose conditional use permit had expired. He accepts all of the conditions that were on the previous conditional use permit and those suggested in Mr. Goldman's memo to the commISSIon. Vice Chairperson Solodar called on Planning Director Al Goldman to provide the staff report. Mr. Goldman stated that this site was developed as a carry-out 1 drive-through restaurant in 1989 and operated through the early part of 1994. This application seeks to put the carry-out 1 drive- through restaurant facility back in operation. Since the use was abandoned for more than 12 consecutive months and there has been a failure to comply with the condition of use that calls for removal of the building after the business has been closed for a period of 120 days, a new conditional use permit is required before this use can be re-established. When the previous carry-out 1 drive-through restaurant was in operation it presented no problems that would indicate that it will not meet the standards for Conditional Use Permit approval. He recommends approval subject to the following conditions: 1) Signs shall conform in all respects m-l0-25.plc