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Session 1806 March 19, 2001 should include seating limited to the approved plan, signs conforming to the City's code, regular litter policing, litter containers on premises, regular cleaning around refuse containers, installation of exhaust system to prevent cooking odors beyond property lines, outdoor seating only upon approval of detailed plan. A condition should be included requiring that parking on the owner's premises be available for patron use subject only to reasonable conditions approved by the City staff with no more than six spaces reserved for loading, disabled and otherwise restricted parking. A final condition recommended by the Plan Commission at my suggestion was that the trash receptacle for this building be moved to the owner's property. This condition can be modified to require that the dumpster be moved to private or public property on the north side of the alley with specific location subject to City staff approval. It should be noted that the conditions above will be enforced even if this particular use is not approved or installed. For example, the current parking restrictions violate the intent of the zoning law and will have to be modified. Mr. Schoomer moved approval with all conditions as stated by the City Manager. Mr. Munkel seconded the motion. Responding to Ms. Colquitt, Mr. Ollendorff stated that it seems reasonable to him to allow the owner to restrict up to six spaces for whatever purpose he decides. Responding to Mr. Wagner, Mr. Ollendorff stated that he believes that the parking lot in question has about twenty spaces, but he is not certain. Terry Zinser, St. Louis Smoothie, 6677 Delmar is the owner of a similar juice bar business. He wished to go on record noting that it will be very hard for two similar businesses to stay alive, because this is a very limited market. He believes that competition is healthy, however the proximity between the two stores is very close. He just can't see how two will survive. Patrick Liberto, 7359 Dartmouth, stated he was a Loop business owner and a LSBD boardmember. He is a tenant of Mr. Ghasedi, the owner of the building in question, and he also helps manage the property of his building. The last two conditions cannot be controlled by the applicant in any way. The owner is the only one that can answer to these last two conditions. The conditional use permit is not the correct forum to resolve these issues. He believes that the last two conditions should be removed, since the applicant has no control over them and let the City and Mr. Ghasedi deal, separately, on the last two items. It is not fair to hinder the applicant with concerns the City is having with the owner. 9