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November 25 , 2014 Page 5 2. An exterior dumpster, if proposed , shall be kept behind the existing southernmost building and shall be screened pursuant to 150.072 (2) (d) (3) of the City Code. A site plan showing the proposed dumpster and screening location shall be submitted, reviewed and approved by the City Planner prior to installation. 3. Outdoor seating associated with the restaurant use is not permitted w ith this Conditional Use Permit (CUP). If outdoor seating is desired, an amendment to this Permit is required. 4. Any radio receiving set, musical instrument, paging system, or other similar device for the production or reproduction of sound may not be played outside of the building between the hours of lO:OOpm and 7:00am. 5. Any lighting associated with, or added to, the proposed restaurant use or parking lot area shall be downward casting and shielded. A lighting plan must be subm itted, reviewed and approved by the City Planner prior to installati on. 3 . The use will not be detrimental to the health, safety, or general welfare of pers ons residing or working in the vicinity or to the values of property in the vicinity; and Surrounding land uses in the immediate vicinity include single family residential homes east and south, high density residential to the northeast, a vacant parcel to the west and commercial uses and sing le family residential (Lowry Grove) to the north and northwest. Similar restaurant uses have been located within this site in the past. It is unknown, however, how much seating there was associated with the previous uses or the intensity of those restaurants in terms of traffic. The Applicant's proposed restaurant concept appears to requi re more parking (when combined with existing uses on the Property) than currently existing on site . This could result in overflow parking on publi c streets within the neighborhoods to the south, whi ch may be bothersome . Additionally, having the bu siness open until lam may have an impa ct on noise associated with patrons leaving the restaurant in the morning hours. These hours are not unli ke other restaurant establishments in the area (i.e . Village Pub), although the neighborhood characteristics surrounding the Village Pub are different than the Property loc ated at 2510 Kenzie Terrace , as it is surrounded by other commercial property, a larger intersect ion, and limited single family residential use s adjacent. On the other hand, having restaurant within walking distance from residential uses promotes walkability and provides the neighborhood with another dining option w ithin their immediate neighborhood . Restaurant uses have occurred on the Property i n past and have been seen as a benefit to the area. Criteria met. 4. The use will provide a service or a fa cility which is in the interest of public convenie n ce and will contribute to the general welfare . Having a variety of dining options within a community is a conven ience that serves the entire community and surrounding area. Having dining options within walking distance of your residence is an added benefit that not all area s throughout the community have. Add itionally, the space is currently vacant and therefore the property is underuti l ized . Adding a restaurant bu siness will fill the space and add some vibrancy to the area . Criteria met. 4. Criteria for and Consistency with Criteria for Variance Approval . Title XV Land Usage , Chapter 152 Zoning Code , Section §152 .245 , (C) Evidence, lists the criteria the City Council must con sider in determining whether to grant or deny a varian ce. The applicable criteri a include: 1. The s ubje ct matter of th e application is within the scope of this section . 57