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w .. hin the spirit and intention of the zoning code and g. Granting of the variance will keep wit further,it is consistent with the City's Comprehensive Plan. Since no construction occurred within the year of their approval, the variances expired. The applicant is now requesting a similar setback variance to the northwest corner of the proposed building as it does extend into the building setback 12 feet and coming within 5 feet of the property line. C. VARIANCE PETITION- Parking on Site. Previously, AMCON received approval for a parking variance for their project in 2003. There is some discrepancy as to the number of parking spaces that were covered by the variance,but Resolution 03-053 referenced a variance of 27 spaces. Mr. Tucci suggests that the original proposal needed a variance was closer to 50 parking spaces. According to the revised proposed site plan for this property and as the result of the reduction of building square footage,AMCON has significantly reduced the number of parking spaces that they need to address with a variance. Section 1650.05,Subdivision 1, (6) states that Commercial properties are required to have one (1) space for each 300 SF of gross floor area. Mr. Tucci states in his letter that the 18,500 SF of retail space, a reduction of 2,000 SF from the original plan,requires 62 parking stalls. Section 1650.05, Subdivision 1, (3) requires that restaurants have parking spaces equal to the total seating capacity divided by 2.5,plus one space for each employee on the largest shift. That required number of parking spaces for the two restaurants,Jersey Mike's and proposed restaurant is 87 spaces. The total parking spaces needed for this site is 149 parking spaces; the parking spaces provided by AMCON's site plan is 118,for a deficit of 31 parking spaces. Attachments: •Site Plan • Building Plan • Applications • Letters of Support H:\Planning\Staff Reports\2005\081605 Staff Report AMCON Staff report.doc 3