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November 25, 2014 Page 3 Off-Site Parking Parking is prohibited along this portion of Kenzie Terrace as marked with the "No Parking Signs " along the corridor. Lowry Avenue does not currently prohibit parkin g along the north portion of the roadway located within the City limits; however a maximum of 5-6 cars could realist ica lly park in this area, however is discouraged given the low density residential neighborhood adjacent. In any regard , these 5-6 spaces do not count toward the total minimum on-site parking requ i rements. Minimum Parking Space Requirements Chapter 152.179 (A) (5) outlines the "minimum number of spaces" required with each use in the City . The Applicant is proposing a restaurant within the C -Commercial District. The City Code has three classifications for parking that may be considered for the proposed use , including: (c) Churches, clubs , and restaurants must have a number of parking space which is no less than the total designed seating capacity of the structure d ivided by 2.5, plus 1 parking space for each employee on the largest shift (15 parking spaces required); or (f) Uses in the C District must have at least 1 parking space for every 300 square feet of gross floor area (5 parking spaces required); or (I) Fast food, take out, and convenience restaurant must have at least 1 parking space for every 50 square feet of gross floor area , plus 1 parking space for every 3 seats, plus 1 parking space for every employee on the largest shift (42 parking spaces required). When considering which type of use is most appropriate in terms of parking requirement category as listed above, it would appear that (f) uses in the C District is not the most appropriate as the proposed use is more intense in nature th an an office space, personal service business, retail business or other permitted use in the C-Commercial Dis trict. Therefore , (c) or (I) appear to be the most appropriate category to co nsi der. When looking at the definition for "Fast Food Restaurant " in Chapter §152.008: Defin it io ns, a Fast Food Restaurant is defined as "a restaurant in which the primary method of dispensing and selling food is over the counter directly to the customer for consumption on the premises or elsewhere, excluding re staurants in which more than 20% of the gross sales are through table service". While the Applicant did not provide the breakdown of sales anticipated, the in dica tion that it will "focus strongly on take-out and delivery". It is unknown at this time (as this is the first business of its kind) if Busters falls more in line with a traditional fast-food restaurant similar to a Culvers or Wendys, or if it falls more in line with an Applebees (with Car-side To Go). Given the size of the use, and the Applicant's indication for "focusing strongly on take-out and delivery", Staff has concluded that the use tends to fit into the context of provision (I) fast food , take out, and convenience restaurant, thus requiring a greater amount of parking on-site, and therefore Staff concluded that a variance is needed. In this instance, a total of 53 parking spaces are required . If the City Council interprets the use differently (classifying as (c) Churches, clubs, and restaurants) a total of 26 parking spaces are required. Alternatively, an average or middle ground of the two categories (perhaps a restaurant like Panera Bread , Smash Burger, and the like -both sit-down and take-out and generally of a faster nature) would require 40 parking spaces. Given the fact that the site can only accommodate up to 37 parking spaces, Staff has determined that a variance is still required under this interpretation . Vehicular Circulation The site can be accessed from any of the three access points; one from Kenzie Terrace to the north, and two from Lowry Avenue to the south . Drive aisles encompass the site, prov id ing safe circulation within the Property . 55