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NOES: Councilmembers Butler Mercer, and Mohr ABSENT: None After discussion, it was moved by Councilmember Mohr, and seconded by ~ Mayor Brandes, that Resolution No. 85-558, application of Integrated Sign As- P" sociates appealing a decision of the Design Review Board, and approving one [.(') monument sign with the name "Copy Mat" subject to staff approval for location [22] and appropriate landscaping, be adopted. []D The roll call vote was as follows: AYES: Councilmembers Mohr, Wood, and Mayor Brandes ~ NOES: Councilmembers Butler and Mercer ABSENT: None AP-85-20, Appeal by the City Council of a decision of the Planning Commission approving UP-85-29, application of the Church of Divine Man for a conditional use permit to operate a religious institution at 328 St. Mary's Street. Zoning for the property is CC (Central Commercial) District Mr. Swift presented his report (SR 85:577) dated November 19, 1985, regarding this matter. Mayor Brandes declared the public hearing open on this item. Mr. John P. Corley, Attorney, 1056 Division Street, representing the Church of Divine Man, stated they concur with the staff report and feel staff has addressed the issues. He presented background information of the build- ing, stating it was originally constructed as a church over 100 years ago with the Odd-Fellows taking it over approximately 75 years ago. He stated the Church of Divine Man purchased the property two years ago, and prior to that time had held their meetings there on a rental basis. He stated the issue Council must face is if the Church is not granted use of the building then what can it be used for. He stated if the Conditional Use Permit is granted the conditions placed on this application are ones that will benefit the com- munity and the downtown area. He reviewed the parking problem; adding that the Church is in use at times that are not in conflict with surrounding busi- nesses. He added that the Odd-Fellows have been in the parking assessment district since its inception and have 15 parking spaces in the district. He stated that the Church is not opposed to a retail business in the lower por- tion of the building as long as it is a compatible use. Mr. Corley stated the Church believed that a Conditional Use Permit was not necessary because they had been advised it was a pre-existing but non-conforming use because it was bought by the Church and used by the Church group before; it was never a ques- tion of an unacceptable use. He felt sure the Church would honor the condi- tions set forth in the permit. Mr. Gene Finch, 1621 Hopyard Road, owner of business at 320 St. Mary, 649 and 645 Main Street, presented proxies from Christensen's, 633 Main Street, Furniture Mart, 719 Main Street, Nothing New Antiques, 641 Main Street, and La Rochelle's, 348 St. Marys Street, opposing any use in the lower story at this location other than retail. Mr. Finch stated that the downtown area needs all the retail space possible. He stated there are parking problems but that is not the main concern; the major concern is zoning. He stated they are not opposed to the church use as long as the lower floor is maintained as retail use. Mr. Sandy Macternan, 625 Main Street, owner of Hacienda Del Sol, stated there are minimal parking problems at the present time because of the Church - 9 11-19-85