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i ' -2- _1 . r. Jack Gysbers,- of the Antler . Corporation, and Warren H. Kelly, of • Towle Real Estate Company, were present to discuss the proposed 25, 000 square foot retail facility which would .be located at the. southeast corner of 3.9th Avenue. N.E.._and Apache Lane. . Variances =r required for such a commercial project are: two side. yard setbacks; s parking spaces; and• parking 'lot variances as outlined in Mr. Berg' s March 14 memorandum to the Commission. Mr. Gysbers saw this ordinance restriction requiring a 35-foot side yard setback on a dead end street as "an undue hardship" for the proposal.. ' Mr. Berg responded that Apache Lane is the only entrance. to the Country Store and said he considered the 25-foot variance to be excessive. Mr. Jones added that the same ordinance applies consistently to all properties in the City and the road has been there for a long time and Antler .should have been aware of it" . . Mr. Kelly had, in the application, insisted the shops will cater- to one stop shoppers and not generate the need for additional parking, but instead will "boost the sagging retail facility in Apache Shop- ping Center" . The point, however, was made by the staff that the City has no provision in -its ordinance for controlling the types of business which might go- in the shops and the- provision of only 52 parking spaces; where 83 are required, would seem to be .inadequate. There would also be no space provided for snow storage on the site, since the proposed parking lot area of 14 ,724 square feet is almost 1, 000 square feet short of the required 15 ,600. Speaking in opposition to the variances were James Wall, a member • of the Apache Plaza Merchants Association Board, .and .T.ed Zinner, a representing the C. G. Rein Company, managers of Apache Plaza. i Mr. Wall said he would like to see the new business come into the area "especially in the mall" , but felt the "strip malls draw busi- a ness . from- the major shopping center. " He -said .the Association was "formally against the project. " He also said:!-these shops could be located in the mall where there was probably room enough in the space vacated by Montgomery Ward to .serve all five- stores. In their March 14 letter of opposition to the variances, the Association j had contended there would be "too high a concentration of shops in this small area. " A Mr. Zinner speculated the applicants, whether intentionally or not, had accepted the probability that their customers will use the Apache parking area if none is available on their property. He told u Mrs. Makowske. Apache would not be interested in leasing parking space for the new stores in deference to their own tenants ' interests- He nterests He wanted to have fair competition, but considered the -establishment of a competing retail area .as "defeating the purpose of Apache, which was established to serve the needs of the community-. " He ,agreed there will be no control of the type .of stores under the existing ordinance. . Ruth Welch,* Manager of Apache, was present and indicated she supported the opposition expressed by Mr. Zinner and Mr. Wall. A poll of the Commission members indicated the following: -Mrs. Makowske favored bringing new businesses into the area, but was concerned with ' • putting up a new building when there is retail space available nearby. - She could see the probability of a problem with the parking. Y