The Conditional Use Permit issued in December, 2012, for the operation of Z Pizza, was administratively transferred in December, 2015, to allow the operation of Peno. Condition No. 15 of the Conditional Use Permit reads: “No outdoor speakers or music shall be permitted.” On January 17, 2016, the City Clerk received an e-mail from the business owner acknowledging receipt and acceptance of the Conditional Use Permit. Patrick Kehm, restaurant owner, is requesting an amendment to the Conditional Use Permit to allow outdoor music events to be held on the surface parking lot in front of the building one Sunday a month during the months of June through September, 2016, between the hours of 4 p.m. and 8 p.m. A live band will be providing the music. Per Section 215.765 of the City Code, the playing of any orchestra, radio, phonograph or musical instrument or instruments or singing upon any premises while used for a commercial open air garden, outdoor restaurant or other business conducted in the open air where such premises are located within five hundred (500) feet of any residence or building used or occupied for private family residential purposes is prohibited between the hours of 10:00 P.M. and 7:00 A.M. The owner’s proposal does not violate the City Code. The other tenant in the building, a real estate office, is not open on Sundays.

04-12-16 BOA Minutes April 12, 2016 Page 2 of 9 The applicant has indicated that the parking lot will be blocked to vehicular traffic during the events and that parking during these events will be made available to them by Central Presbyterian Church on their school lot located at 700 South Hanley Road. The property owner, Mark Mannion, has submitted written approval for these events. Written approval of the use of the school parking lot had not been received as of the date this report was written. The applicant has indicated that he will submit written approval from the church by the date of the hearing. Properties to the north, south and east are residential. Notices of this hearing were mailed to property owners within 200 feet of the subject property. Recommendation is to approve the requested amendment to allow four Sunday concert events for the months of June through September, 2016, pursuant to the conditions contained in the resolution. In response to Alderman Garnholz’s question with regards to parking on the church lot, Mr. Kehm addressed the Board stating that he forgot to bring the letter from the church, but will get it to the City Clerk this week. Mr. Kehm explained that the band will perform on the patio one Sunday per month during the months of June, July, August, and September. There will be a variety of music, i.e. blue grass, blues, jazz, etc. He would like this to be a benefit to the community as well as promoting his restaurant.