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January 26, 2005 Plan Commission Minutes Page 4 of 14 The applicants gave an overview of the proposal and asked that it be approved. The applicants attorney, Mondi Ghasedi, 6644 Kingsbury stated that the tenants on either side of the proposal are fine with the expansion of the building. Ms. Ghasedi stated that she is the daughter of the building owner, Ray Ghasedi and represents him as well. She stated that the owner and the applicants strongly objected to Staff’s proposed Condition #8 which states: The owner of the property shall open the parking lot in the rear of the building to the patrons of the business located in the owner’s building located along Melville, in the 6600 Delmar building and the businesses located in the 6604 Delmar building. For this use, up to 4 spaces must be specifically set aside for employee parking with 7 other spaces open for patrons of the restaurant. Mr. Hill gave the staff recommendation that the application be approved per the Staff Report. The Chairperson asked for comments from the members of the Public. Shawn Jacobs, 6691 Delmar, stated that he is the owner of Cicero’s restaurant and represents the Loop Special Business District. He asked that the application not be approved because the owner of the building does not allow the public to park in his parking lot. No other members of the public wished to speak and the Public Hearing was closed. Ms. Arbogast stated that she will be voting for the application because the parking exception in the code allows this use. She also felt that the applicant, who has an otherwise viable proposal should not be punished because a conflict between the property owner and the City. She proposes that the application be approved without Condition #8. The Plan Commission determined that the evidence presented to the Plan Commission does support the conclusion that the proposed conditional use or amendment thereto: 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 with the following conditions: 1. The applicants shall be permitted to decrease the right-of-way setback with an expansion to the building as set forth in the application documents of this conditional use permit. 2. The operator of the restaurant shall regularly police the site and the area adjacent to the restaurant to remove litter and debris. 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. If necessary, 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 m-1-26-2005 plc final.doc