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1 Mr. Cavanaugh told him Midwest Federal has a restrictive covenant in <br /> 2 their agreement with Apache which prohibits putting another building <br /> within 200 feet of their building. He also said a building closer to <br /> 4 Silver Lake Road would block the view of other mall tenants. <br /> 5 When no further input to the discussion was offered, the Chair closed <br /> 6 the hearing at 9:03 P.M. <br /> 7 Commissioners All in Favor of Granting Permit For the Restaurant, But <br /> 8 Split 3 to 2 Against the Sign Variance <br /> 9 The following comments preceded the Commission motions related to the <br /> 10 requested conditional use permit and the sign variance, which were <br /> 11 considered to be separate issues: <br /> 12 Hansen indicated he would have no problem with granting a conditional <br /> 13 use permit for the restaurant, perceiving traffic congestion was a <br /> 14 natural occurrence in shopping centers and reasonable actions on the <br /> 15 part of management can be taken to control traffic. He also said he <br /> 16 thought the existing drives would be able to take care of the addition- <br /> 17 al traffic generated by this facility, which would not be much different <br /> 18 from the business which was there before in terms of people coming and <br /> 19 going. <br /> 20 However, the Commissioner indicated he was opposed to the sign, <br /> 21 perceiving the distance between the restaurant and the street was .a <br /> . 22 result of choice by the center management, who he thought had several <br /> other options for locating the restaurant on their property. He also <br /> said he didn't consider an 8 foot X 8 foot sign to be "small" as it had <br /> 25 been described in the petition for a sign variance. He conceded that <br /> 26 the restaurant might be hard to see from Silver Lake Road but pointed. <br /> 27 out that other large tenants in the mall suffered from the same lack of <br /> 28 identification which the City has always been reluctant to remedy by <br /> 29 allowing further signage. He indicated that he would hate to see <br /> 30 signs for Penneys, Warners, etc. all start to appear along Silver Lake <br /> 31 Road, which up to now the City has managed to keep residential appear- <br /> 32 ing. <br /> 33 The Commissioner answered the Chair's query about whether he would <br /> 34 consider voting for a smaller sign by saying he would not. <br /> 35 The Chair recalled a monument sign had been denied Zantigo's and <br /> 36 remembered that when the City had allowed Apache management to add a <br /> 37 sign for Herberger's below their center identification on the pylon <br /> 38 sign, the Council had warned that this would be the last sign of this <br /> 39 type which would be allowed at Apache. The general consensus was that <br /> 40 they had meant on the pylon sign. <br /> 41 Werenicz said he also favored granting the conditional use permit for <br /> 42 a Burger King restaurant because he had noted that most of the Burger <br /> 43 King facilities being constructed now were very nice buildings which are <br /> 44 tastefully done and from his observations of the manner in which they <br /> 0 14 <br />