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January 28, 2004 Plan Commission Minutes Page 3 of 5 3. 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. 4.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. 5.The hours of operation shall be limited to those between the hours of 6:00 a.m. and 12:00 a.m. 6.Seating shall be limited to the layout included in this application for conditional use. Any change in seating layout shall be approved by City Council prior to initiation of such changes. Addition of outdoor seating shall be as approved by the Zoning Administrator. The motion was seconded by Mr. Irons and passed by a vote of 6 to 0 with all members voting “aye.” Hearing: Rezoning (Map Amendment), 7515 Delmar “MR” to “LC” The Chairperson announced that the hearing was scheduled to hear an application from attorneys Danelle Duffy and Stacey Hancock-Robinson. The applicants requests that 7515 Delmar be rezoned from “MR”- Medium Density Residential District to “LC” - Limited Commercial District. The Chairperson noted the Commission's procedures and criteria for reviewing rezoning / map amendments. Ms. Duffy and Ms. Hancock-Robinson gave an overview of the proposal and asked that it be approved. Mr. Hill gave the staff recommendation that the application be denied per the Staff Memorandum dated January 23, 2003. Ms. Ricci questioned the size of house at 7515 Delmar. Responded 1,800 sq ft. Mr. Kreishman question is there any other type of zoning. Ms. Ricci questioned what is to stop a domino effect on the neighboring houses. Lawyers responded that they are all multifamily. Mr. Myers questioned have the applicants found other properties. Lawyer responded that they are looking for a house and want a homey place. Ms. Arbogast stated this is a single-family home next to dry-cleaner. She will approve the rezoning due to the shared driveway. Mr. Kreishman stated that this unique situation to this parcel and he will approved the application. Mr. Smith stated that he agreed with Mr. Kreishman. K:\WPOFFICE\WPDATA\m-01-28-2004.final.plc.wpd