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69 Mr. Toscano expressed concern about making the requirement when the cost of such a condition is unknown. Mr. Vandever expressed concern that in effect the applicants have changed the use of the facility from a restaurant to an arcade, even though it may not technically be a change of use. Mr. Vandever said he liked the handicapped accessibility stipulation. Ms. Daugherty expressed concern about the one-year time limit for making the facility handicapped accessible, and made a motion to approve the special permit with a five-year time period. Rev. Edwards seconded the motion, noting that he has a problem with the stipulation, but would agree to the five-year limit. Mr. Vandever said he does not see anything happening within the five year time period and recommended that the motion be amended to require a three-year time period for the changes to be made. Ms. Daugherty and Rev. Edwards accepted Mr. Vandever's amendment, and the resolution approving the special permit for Orbit Billiards was unanimously approved, with a three-year time period for making the facility handicapped accessible. WHEREAS, Mr. Seth Dawson and Mr, Andrew Vaughan, tenants acting on behalf of the owner, have submitted a request for a special permit to operate an amusement arcade on the second floor of 102 14th Street, N.W., being further identified on City Real Property Tax Map #10 as parcel 4, having approximately 60 feet of frontage on University Avenue, 80 feet of frontage on I4th Street, N.W. and containing approximately 4,800 square feet of land or .11 acres; WHEREAS, following a duly advertised joint public hearing before this Council and the Planning Commission on April 9, 1996 and a subsequent recommendation for approval from the Planning Commission, this Council finds that such use will conform to the criteria applicable to special use permits generally under Chapter 34 of the City Code; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that a special use permit is hereby granted to Mr. Seth Dawson and Mr. Andrew Vaughan for the operation of an amusement arcade on the second floor of 102 14th Street, N.W. The approval of this special use permit is conditioned upon the following: 1. Administrative approval of the final site plan. 2. Continued maintenance of the frontage planters. 3. The applicants shall work with the City to develop a plan for handicapped access to this facility and install the access improvements within three years of the date the special permit is granted. RESOLUTION: ACCEPTING KIOSK ON DOWNTOWN MALL Mr. Leon Churchill, Assistant City Manager, explained that the owners of the kiosk have offered to donate the kiosk to the City with the following guidelines: the donation will be to the City of Charlottesville; the current lease between the owner and the City will be terminated; the kiosk wig remain on the Downtown Mall and will not be used by a private entity at another location; and preference will be given to minority-owned and owner-operators for future operation of the kiosk. Mr. Churchill said that the City has arranged for the Charlottesville Downtown Foundation to be the primary agent for the kiosk, and Woodfolk's Attic will serve as primary operators. Information primarily targeted for tourists will be available at the kiosk, and Albemarle County Historical Society walking tours will originate at the kiosk. Mr. Churchill explained that the lease conditions will he the same as for outdoor cafes.