Seating for four customers will be provided indoors. The applicant also plans to apply for an outdoor dining permit to allow 10 seats outdoors in front of the building. The applicant describes Clementine’s Naughty & Nice Creamery as a standard ice cream parlor which will operate similarly to their current location in the City of St. Louis. Because their adult flavored ice creams (boozy ice creams) contain less than one-half of one percent alcohol by volume and because ice cream is not a beverage, these products do not meet the City’s definition of “intoxicating liquor” and therefore, a liquor license is not required. The State of Missouri and the County of St. Louis also do not require a liquor license for this business as they define the establishment’s products as food.

04-25-17 BOA Minutes April 25, 2016 Page 2 of 7 The parlor plans to be open Sunday through Thursday, 11:00 a.m. to 10:00 p.m., and Friday through Saturday, 11:00 a.m. to 11:00 p.m. Delivery service from the ice cream parlor is not proposed. Deliveries to the restaurant will be made once a week during winter months and twice a week during summer months. Deliveries will be made in the morning between 9:30 a.m. and 11:00 a.m. to the rear of the building. Trash will be stored in existing dumpsters located in the alley rear of the building. The applicant intends to participate in a recycling program. Off-street parking is not being provided. Because this establishment is less than 3,000 square feet and located outside of the downtown area, only employee off-street parking is required. The applicant has stated that no more than two employees would be working at any given time and is requesting a parking waiver; noting that public parking is provided on the street. The Plan Commission, at its March 27, 2017 meeting, considered the request for the Conditional Use Permit and the parking waiver and voted unanimously to recommend approval to the Board of Aldermen. Recommendation is to approve a Conditional Use Permit for the operation of Clementine’s Naughty & Nice Creamery at 730 DeMun Avenue. In response to Alderman Garnholz’ question, Tamara Keefe, owner addressed the Board stating that they anticipate opening on Memorial Day Weekend. Alderman Garnholz commented that she has been to the city location and is excited to have them here in Clayton.

Fitness studios/health clubs are conditionally permitted uses in the C-2 zoning district. The subject multi-tenant building (old Famous Barr building) owned by Washington University, measures 272,118-square-feet. Current tenants include the Wine and Cheese Place, the St. Louis Artists’ Guild and Washington University offices.

04-25-17 BOA Minutes April 25, 2016 Page 3 of 7 Tru Fusion is a group fitness and wellness center with an accessory use of a health bar/restaurant. Proposed hours of operation are 5:00 a.m. to 9:00 p.m. Monday through Friday, and 7:00 a.m. to 6:00 p.m. on Saturday and Sunday. The business will consist of five fitness and yoga classrooms (hot yoga, Ashtanga yoga, Barre/Pilates, boot-camp/boxing and spinning), a private training room, locker rooms, a child care room, massage rooms and a small retail section. Additionally, a counter service health bar/restaurant (approximately 950 square feet) with seating for 35-40 patrons will provide food to facility members. Shared parking for the building is provided by a surface parking lot and a parking garage. 68 parking spaces for use by this business are outlined in the applicant’s lease agreement. Exterior renovations are not being considered at this time. Outdoor seating/dining will be reviewed for compliance by staff if and when an application for an Outdoor Dining Permit is submitted. The Plan Commission, at its April 3, 2017 meeting, considered the request for the Conditional Use Permit and voted unanimously to recommend approval to the Board of Aldermen. Recommendation is to approve a Conditional Use Permit for the operation of Tru Fusion at 7447 Forsyth Boulevard. In response to Alderman Garnholz’ question, Mr. Brian Schnuck, NEI Desco, representing the owner, stated that the space is currently vacant and had been previously occupied by Selkirk’s. The business is expected to open in August. Mayor Sanger closed the public hearing.