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? PLANNING COMMISSION MAY 9, 1989 PAGE 4 residents of the building, that they signed a standard residential lease, and f inally when they were unable to find a satisfactory location for an office, they decided on the apartment because this has been done in other locations successfully. Assistant Law Director Dubelko advised that the code provides that a General Retail use can go into a Mixed Use District at the discretion of the Planning Commission, but it is up to the Commis- sion to determine that this use is well integrated within the plan. Mr. Bowen stated his concern for the security of the building since the business would allow customers to enter. Mr. Gorris reminded the Commis- sion that when the two mobile telephone companies came in for approval of their unmanned computer rooms, the main concern was opening up these buildings for retail uses that were not appropriate for the residential building. He does not -believe that this use is appropriate under the present circumstances and is not'like some urban apartment that have stores in one area of the building which are strictly for.the convenience of the residents. Mr. Gorris further stated that he does not believe that Mr. Berg should be penalized since the owner of the apartment allowed the use. Mr. Dubelko advised that the Building Department could cite either party. Mre Conway stated that he would cite the owner of the pro- perty and order them to vacate this use. Ms. S. Snyder, manager of Victoria Plaza, verified that she did rent the aprtment to both 1.4r. Berg and to Mr. Robinson (the next item on the agenda), that neither suite is in a desirable Iocation, that neither business generated any more traffic than a residential unit would and finally, that she would state in writing that she had no intention of renting to any other businesses. Mr. Stanze, an employee of the apartment, stated that this busi.ness was a convenience for the residents, and most of the walk in.traffic were residents. Mr. Thomas questioned if it would be permitted for a tenant in an apartment could have a business in the apartment in which he lived. Mr. Conway responded that, since this is in a Mixed Use District, the Planriing Commission would have to approve a business use. After some discussion, " Mr. Thomas stated that it would appear that this proposal was not going to be approved and questioned if it would be referred on to Council. Assistant Law Director advised that it should go to the- Council for a final review even though it is a negative recommendation. M. Betts moved to approve Air N Cruise proposal to amend the detailed development plan and to use one suite of an apartment for a business use, seconded by R. Bierman. Roll call on motion: Betts,.Bierman, Bowen, Gorris, Traczyk, and Thomas, No. Motion failed to pass. Mr. Berg was advised that this proposal would go before the BZD Committee of Council next. 2) Robinson's Promotions, 26101 Country Club Blvd, Suite #203 (Victoria Plaza) Amendment to detailed development plan (Mixed Use District), to wit, using one suite of'an apartment for a business use.(Referred by Council 5/3/89). Mr. Robinson explained that he represented the National Wrestling Alliance out of Atlanta, Georgia and was in charge of championship wrestling, and that the modeling agency. periodically provided models to pose with the wrestlers for advertisements. He advised the Commission that he had one part time employee from 3 to 6 p.m., that his business did not generate traffic in and out of the building, most of his work.was by telephone, the only advertising he did.was for the wrestling matches, and that he Iived in the building but on a different floor. Mr. Conway questioned if Mr. Robinson was licensed or registered with the State of Ohio to perform his business, and it appeared that the National Wrestling Alliance was