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February 27, 2008 Plan Commission Minutes Page 2 of 6 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. Alvah Levine, Architect, 8630 Delmar, Ste. 220, University City, MO 63124 represented the applicant and 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. Jim and Carol Young, 7206 Princeton stated they live directly behind the building and have concerns about water drainage in the alley behind the business, are concerned about privacy from the outdoor dining and are concerned about an increase in traffic. Mr. Levine responded that the drainage from this property down the alley is proper but would propose a plan for more permeable space in the parking lot. He stated that the proposed outdoor dining will be limited to the area along Delmar in front of the store and will not affect the properties to the north. Katy Swanstrom, 7170 Princeton spoke in favor of the proposal and asked what type of alcoholic beverages would be sold in the store. Ms. Lipton stated that they would be limited to select wines and beers. Ann Owens, 7224 Cornell spoke in favor of the proposal. No other 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 (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. Miller moved that the Plan Commission recommend approval of the Conditional Use Permit with the following conditions: 1.The operator of the business shall regularly police the site and the area adjacent to the building to remove litter and debris. 2. 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. 3. 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. Q:\WPOFFICE\WPDATA\m-2008-02-27.plc.final.wpd