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STAFF REPORT <br /> DATE: July 15,"1997 <br /> TO: Planning Commission Members <br /> FROM: Kim Moore-Sykes, Management Assistant <br /> ITEM: 97-05 Rear Yard Variance Request <br /> Reliance Development Company, L.L.P. <br /> Gas/Convenience Store with Car Wash <br /> BACKGROUND: <br /> Mr. John Trautz, representing Reliance Development Company, submitted an application <br /> for a 12 foot Rear Yard Variance Request to he City in order to construct a gas <br /> station/convenience store/car wash on Lot 4, Block 1, Apache Plaza. This variance request <br /> was published in the local newspaper and neighboring property owners were notified of <br /> the request as required by law. <br /> Mr. Trautz is now requesting that his 12 foot variance request be withdrawn and instead, is <br /> seeking site plan approval from the Planning Commission and the City Council of his <br /> proposed gas station/convenience store and car wash as allowed by the amendment to the <br /> City Ordinance relating to the Minimum Setbacks and Signs in Shopping Centers,, Section <br /> 1635.05 with the addition of a new Subdivision 8, and amending Section 1400.04, <br /> Subdivision 27, as adopted on February 25, 1997 and published on March 5, 1997. <br /> Subdivision 8 states, "The minimum yards set forih in this Section 1635.05 will not <br /> apply to any lot line of a lot in a shopping center if (i) the lot line adjoins either <br /> -another lot within the shipping center or a driveway.or parking area within the <br /> shipping center, and (ii) the Council has approved a site plan for a building to be <br /> constructed on the lot with a different setback from such lot line. In such cases, <br /> the setback approved by the Council shall apply so long as the building exists on <br /> the lot." <br /> "For purposes of this subdivision, a "shopping center" means any group of four or <br /> more retail or service establishments totaling a minimum floor area of 75,000 square <br /> feet, on one or more contiguous tracts of land in single ownership, or in multiple <br /> ownership but subject to a reciprocal easement agreement governing common access <br /> and parking." <br />