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ruled that the daycare is not deemed a school under city codes and the area of the nearest residential property is used as a business and a rear yard which remains in a vegetated state therefore he didn't object to the distance. Mr. Rerko didn't object to the cafe use in the center and felt that the floor area per device provided was sufficient. The distance within the residential lots is backyards which are deep and does not appear to be actively used. Parking within the strip center does not appear to have been an issue for the existing establishments and most of them are closed evening hours. Mr. Peepers asked hours of operation and Mr. Kanis said they would be open 9:00 am to 11:00 pm Sunday through Thursday and 9:00 am to midnight Fridays and Saturdays. Ms. Wenger noted that another such establishment within the city is regularly full from the time they open until they close. Mr. Peepers said he didn't object to any of the variances other than the fact that there are children across the street even though it is not a contributing factor before the commission. Mr. Malone said he had no objections to the square footage of area. However he was concerned about proximity to residential property. Mr. Parry asked if the applicant could be moved to a different location within the center which could eliminate the need for variances or does any space within the center require variances. He further questioned if once the applicant was established within the center could their business be expanded or other such cafes be added within the center without returning before the commission. Mr. O'Malley said it is liinited/exclusive to the current applicant only. Mr. Parry questioned if the conditional use limited the use to the listed square footage or if granted could the entire building become a cafe. Ms. Wenger said such establishments are limited to 20 units/machines and another cafe can not be opened within a thousand feet from an existing one. Mr. Malone reviewed each standard and criteria of the conditional use permit under Chapter 1118.03. Mr. Pany and Mr. Malone believed such a use would increase the amount of traffic within the center. The use is not consistent with design standards or in conformance with development regulations for the district. Mr. Bohlmann believed that the existing establishments within the area were more intrusive to residential use then what is proposed. Mr. Rerko said the use is accommodated by the site and although a parking variance is required the parking is accoinmodated in a different configuration. All commissioners felt off site parking would impede traffic and the applicant stated they would not use off site parking. Mr. Kanis was asked to state what type of parking variance they would be seeking. Mr. Kanis said they will seek a variance for 34 parking spaces for their parcel only. Mr. 1VIalone moved, seconded by Mr. Bohlmann, to recommend Council grant a conditional use permit to CMS11-23; Lucky Break Cafe of 26715 Brookpark Road Ext with the following conditions: 1. BQard of Zoning Appeals granting all variances required. 2. Cross access easements for parking on parcels 232-25-0009 & 232-25-056 are to be submitted. 3. All State and local licensing be issued and remain in good standing as required in Chapter 752. 4. No parking is allowed across the street/off site. Motion passed 5-0. Mr. Malone moved, seconded by Mr. Rerko, to recommend the Board of Zoning Appeals grant CMS11-23; Luclcy Break Cafe of 26715 Brookparlc Road Ext a 263.5 foot variance 2