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February 25, 1998 Plan Commission Minutes Page 10 Chairperson Solodar opened the public hearing and asked for testimony from the public. Angela Dixon, 1062 Purcel, stated that she was concerned with the entrance’s proximity to Bartmer and she did not feel that any part of the restaurant should stay open after 1:00 a.m. Terry White, 6924 Bartmer, does not want the public to be able to turn left out of the entrance and does not want the restaurant to stay open after 1:00 a.m. Joan McCormick, 6920 Bartmer, does not want the public to be able to turn left out of the entrance and does not want the restaurant to stay open after 1:00 a.m. John Rou, 1077 Roth, does not want the public to be able to turn left out of the entrance and does not want the restaurant to stay open after 1:00 a.m. Viola Green, 1040 Roth, does not want the public to be able to turn left out of the entrance and does not want the restaurant to stay open after 1:00 a.m. No other members of the public indicated a desire to speak. No other members of the public wished to speak and the Chairperson closed the public hearing. Glassman stated that she was voting against the proposal because she felt the applicants did not make their case for having access onto Olive. Mr. Wozniak stated that he would agree to conditions limiting the Olive access to right-in and right- out and having the closing time be at 1:00 a.m. The Plan Commission determined that the evidence presented to the Plan Commission supports the conclusion that the proposed conditional 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. Mr. Price moved that the Plan Commission recommend approval of the Conditional Use Permit subject to the following conditions: 1. The operator of the restaurant shall regularly police the site and the area adjacent to the restaurant to remove litter and debris. 2. Trash containers for patron use shall be available on the premises at all times. Adequate refuse disposal shall be provided by and for the business. The refuse containers and surroundings shall be maintained in a clean condition. 3.An exhaust system shall be installed and/or other means shall be taken to prevent any food preparations odors or cooking odors from being perceptible beyond the lot lines of the property on which the restaurant is located. The exhaust system shall be maintained in a clean condition by regularly scheduled cleaning of the system. 4.The building and all signing shall be in strict compliance with the sign requirements of the zoning code. 5.Access to and from the site shall not be changed from that proposed under this conditional use permit application without prior approval of the City Council under Conditional Use Permit amendment. 6.The curbs required at the edges of the paving shall be portland cement concrete curbs. The wpoffice\wpdata\m-2-25.plc