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The Public Hearing was closed. <br />Commissioner Wood asked if it would be possible to enforce the conditions of <br />approval for the Tennis Town operation without having to penalize this appli- <br />cant. Secretary Harris explained that it could be done but that it would <br />not have as much. leverage since the sign was granted under the design review <br />process. <br />Upon query from Commissioner Doherty, Deputy City Attorney Levine indicated <br />that a request for compliance could be issued to Tennis Town, and if no <br />response is received, it could be followed by an injunction. <br />Resolution 1517 was entered and adopted approving the conditional use permit <br />for Miss Penny's, ,Inc., deleting Condition No. 3, which would require the <br />applicant to remove the existing "indoor tennis" sign on the eastern side of <br />the building and replace it with a painted "indoor tennis" sign of the same <br />size to be located toward the top of the northernmost two panels of the eastern <br />side of the building. This conditional use permit would be subject to the <br />necessary findings. <br />Roll Call Vote <br />Resolution: Wood <br />Seconded: Doherty <br />Ayes: Doherty, Jamieson, <br />Noes: None <br />Absent: None <br />Abstain: None <br />PUD-77-4_, Page Binkley <br />Shepherd, Wood, Chairman Butler <br />Review of negative declaration for a project to construct a 28-unit condo- <br />minium at Black Avenue and Hopyard Road. <br />Secretary Harris explained that this project had sewer permits available. The <br />staff felt they could endorse a negative declaration for this project if the <br />mitigation measures are met. <br />The Public Hearing was opened on the Negative Declaration review. <br />Mr. Page Binkley was present. He had no comments to offer. No one else <br />spoke and the Public Hearing was closed on the Negative Declaration. <br />Resolution 1518 was entered and adopted approving the negative declaration <br />for this project subject to the mitigation measures noted in Conditions 4, 5, <br />6, 7, 8, 9, 10, 12, 18, 21, 23, 24, 25, 26, 27, 28, 29, 30, 32 and 33 of <br />the staff report of May 18. <br />Roll Call Vote <br />Resolution: Shepherd <br />Seconded: Jamieson <br />Ayes: Doherty, Jamieson, <br />Noes: None <br />Absent: None <br />Abstain: None <br />Shepherd, Wood, Chairman Butler <br />-2- <br />