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June 26, 2002, Plan Commission Minutes Page 2 of 6 The Chairperson noted the Commission's procedures and criteria for reviewing conditional use permits and amendments to them. The Chairperson specifically stated that the Plan Commission must consider whether the use: a) Complies with all applicable provisions 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) 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 provide off-street parking and loading areas in accordance with the standards contained in Article 7 of the University City Zoning Code. Ms. Helen Fletcher spoke on behalf of the applicant and gave an overview of the proposal. She stated that the applicants agree to the conditions set forth in the Staff Report. Mr. Hill gave the staff recommendation that the application be approved per the June 20, 2002 Staff Report. The Chairperson asked for comments from the members of the Public. No members of the public wished to speak and the Public Hearing was closed. The Plan Commission determined that the evidence presented to the Plan Commission does support the conclusion that the proposed conditional use amendment: a) Complies with all applicable provisions 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) 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 provide off-street parking and loading areas in accordance with the standards contained in Article 7 of the University City Zoning Code. Ms. Arbogast moved that the Plan Commission recommend approval of the Conditional Use Permit Amendment with the following conditions: (deletions from the permit are stricken out and additions are in bold): 1.An exhaust system shall be installed and/or other means shall be taken to prevent any food preparation odors or cooking odors from being readily perceptible beyond the lot lines of the property on which the restaurant is located. Interior dining tables not to exceed seating for 2.On-premise dining shall not be permitted. 12 patrons shall be permitted. Exterior dining tables not to exceed seating for 18 patrons shall be permitted on a temporary basis for the period up to October 31, 2002. If it is determined by Staff that the parking situation is being detrimentally affected for the use of the building, exterior dining shall not be permitted beyond that time. The applicants shall be permitted to present evidence and information to the Plan Commission and the City Council if they dispute the Staff finding at that time. A revised site plan, drawn to scale showing exact placement, size and seating of the proposed tables shall be submitted to Staff prior to any addition of tables. Said plan K:\WPOFFICE\WPDATA\m-6-26-2002.plc.wpd