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September 28, 2005 Plan Commission Minutes Page 2 of 5 Ms. Borg moved that the Plan Commission recommend approval of the final plat. The motion was seconded by Mr. Marentette and passed by a vote of 5 to 0 with all members voting “aye.” Hearing: Resubdivision - Condominium, 540 North & South The Chairperson announced that a hearing was scheduled concerning an application from Fischer & Frichtel represented by Earl Graham of the J. R. Grimes Co., 12300 Old Tesson Rd., Suite 300D, St. Louis, MO 63128, for final plat approval to convert a 22 unit building into condominium units. The Chairperson noted the Commission's procedures and criteria for reviewing subdivision plats. The applicant 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 Chairperson asked for comments from the members of the Public. No members of the public wished to speak. Mr. Smith moved that the Plan Commission recommend approval of the final plat. The motion was seconded by Ms. Borg and passed by a vote of 5 to 0 with all members voting “aye.” Public Hearing: Conditional Use Permit Restaurant, 7290 Olive The Chairperson announced that a public hearing was scheduled to hear an application from Chris Spillman of the Altes LLC c/o Harry Gaehle dba Rally’s Hamburgers, 1302 Clayton Clarkson Center, Suite 204, Ellisville, MO 63011. The applicant requests that they be permitted to operate a drive- through restaurant at 7290 Olive. 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. Mr. Spillman 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 Chairperson asked for comments from the members of the public. No members of the public wished to speak and the public hearing was closed. Ms. Borg stated that she hoped the City was pursuing mixed use development for this particular corner per the proposed comprehensive plan. 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 K:\WPOFFICE\WPDATA\m-9-28-2005.plc.final.wpd