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4 May 27, 1998 Plan Commission Minutes Page 4 said that there would be no big trucks. Ms. Glassman asked if his intention was to deliver to these institutions and how many trucks he was planning to utilize. Mr. Saigh said he would have one van like vehicle. Chairperson Solodar said that the Loop merchants do not want a lot of wholesale business going on. It is a nuisance to them and they want to make sure that retail is the main purpose of businesses going in down there. Chairperson Solodar has asked Mr. Walker to look at a couple of possible similarities. He knew about Fitz’, who he believes is manufacturing bottles of rootbeer, which is probably going on in the back building, not the front retail space. Mr. Walker said that Fitz’s did have a conditional use on their site plan that related to the number of cases to be bottled. It was a site plan, however. The only other he found was Brandt’s, which was a conditional use with the 50% provision. Chairperson Solodar asked if there was any way to measure the 50%, i.e., is it over one day, a year, etc. Mr. Walker responded that it was over the course of one year. Chairperson Solodar asked if there was a provision for auditing. Mr. Walker said that yes there is a provision for auditing and that the City would do it. Chairperson Solodar said that condition number one should be amended as follows: “the owner shall make the records available for the City’s examination at the City’s discretion. Chairperson Solodar said to modify the following statement: “Wholesale, non-retail and non- restaurant sales shall not exceed 50% of the gross receipts of the entire business.” After the word “business”, put in “measured over the course of one year of operation”. Ms. Glassman asked if there should be some conditions limiting the number of trucks Mr. Saigh could operate in the event his business becomes very successful. Mr. Reed said that he believes that there is a threshold beyond which they do not want to see the gross volume of institutional business from this location. Ms. Glassman agreed. Chairperson Solodar suggested two trucks. Mr. Reed did not believe this could be done, because he could disguise the trucks. Mr. Reed said to the applicant that if he were to do a million dollars in sales, then there would be a problem. Mr. Saigh responded that if his institutional sales were absolutely phenomenal, then he would probably stop the institutional sales in this location, and then move them to a industrial space somewhere else. Mr. Reed said the Loop location probably would not be feasible for a larger percentage of institutional sales. Mr. Saigh agreed. Mr. Reed said that there was not a benchmark and that there was no way to determine if there would be a problem. The two truck standard will probably not work in his estimation. Chairperson Solodar believes that if this business booms, then Mr. Saigh would not have the capacity to handle it at this location. Mr. Saigh agreed. 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; and d) is consistent with the Comprehensive Plan, neighborhood development plan (if applicable), and any other official planning and development policies of the City; and e) will wpoffice\wpdata\m-5-27.plc