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April 27, 2005 Plan Commission Minutes Page 2 of 4 Hearing: Resubdivision / Condominium, 8001-3 and 8010-12 Presidio Court The Vice Chairperson announced that a hearing was scheduled concerning an application from M & M st 81 Street, LLC c/o David Neiers, Helfrey, Simon & Jones, P.C., 120 S. Central Ave., Ste. 1500, Clayton, MO 63105 for final plat approval to subdivide the 2 two-family dwellings at 8001-3 and 8010-12 Presidio Court. The Vice Chairperson noted the Commission's procedures and criteria for reviewing resubdivision applications. Mr. Hill gave the staff recommendation that the application be approved per the Staff Report. The Vice Chairperson asked for comments from members of the public. No members of the public wished to speak and the hearing was closed. Mr. Smith moved that the Plan Commission recommend approval of the resubdivision / condominium for 8001-3 and 8010-12 Presidio Court. The motion was seconded by Mr. Marentette and passed by a vote of 5 to 0 with all members voting “aye.” Public Hearing: Conditional Use Permit, Cyber-Café (Non-retail in “CC” District on Delmar), 6680 Delmar The Vice Chairperson announced that the public hearing was scheduled to hear an application from One Tree Enterprises, Inc. c/o Kelly Jenkins-Dunphy, President, 917 Maison Ladue Rd., Suite K, St. Louis, MO 63141. The applicant requests that they be permitted to operate a cyber-café on the ground floor along Delmar in the “CC” - Core Commercial District at 6680 Delmar. The Vice Chairperson noted the Commission's procedures and criteria for reviewing conditional use permits and amendments to them. The Vice 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. The applicants gave an overview of the proposal and asked that it be approved. Mr. Hill gave the staff recommendation that the application be approved per the Staff Report. The Vice 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 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 K:\WPOFFICE\WPDATA\m-4-27-2005.plc.final.wpd