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Planning Commission Meeting Minutes August 16, 2005 Page 2 1 • Page 11, Paragraph 6, Line 34, reads: `they go back to know benchmarks'; should read: 2 `they go back to known benchmarks' 3 • Page 12, Paragraph 4, Line 13, reads: `from the structure to the pin'; should read: `from the 4 structure to the property line' 5 6 Motion by Vice Chair Hanson, second by Commissioner Jensen, to approve the meeting minutes 7 of the Planning Commission of August 16, 2005 as amended. 8 9 Motion carried unanimously 10 11 VI. COMMUNICATION WITH CITY COUNCIL 12 6.1 Designate a Planning Commission member to the August 23 2005 City Council Meeting_ 13 14 Chair Stromgren stated that he would discuss a representative with Ms. Moore-Sykes after the 15 meeting. 16 17 VII. PUBLIC HEARING. 18 19 7.1 AMCON—St. Anthony Marketplace—CUP and Variances 20 21 Chair Stromgren opened the public hearing at 7:05 p.m. 22 23 Ms. Moore-Sykes stated that the City has received a revised request by Paul Tucci, OPPIDAN, 24 for three public hearings for the outlot on the corner of Kenzie Terrace and Highway 88. She 25 stated that Mr. Tucci has submitted applications for a Conditional Use Permit for the restaurant 26 to be within 250-feet of a residential area; a Variance request for the building setback/outlot; and 27 a Variance request for the on-site parking. She stated that at the May 17, 2005 Planning 28 Commission meeting Mr. Tucci presented several requests for consideration in order to finish 29 their project associated with the St. Anthony Marketplace project. She stated that in 2003 their 30 proposal was to build a 6,000-square foot building that would house a popular sports bar and 31 grill. She stated that when the sports bar and grill owners decided not to put a store in St. 32 Anthony, the developers put together another plan that reduced the size of the building to 4,500- 33 square feet and would include a coffee shop with a drive-through and space for two other retail 34 shops. She stated that the proposal was presented to the Planning Commission at the May 2004 35 meeting noting that the Commission's recommendation on this proposal was passed to the City 36 Council for their approval. She stated that at the City Council meeting on May 24, 2004 the 37 Council voted to deny all of the requests for the proposed project and the developers of the 38 project have again revised their proposal and have a plan for a 4,500 square foot restaurant, 39 similar to the original proposal, but smaller. 40 41 Ms. Moore-Sykes explained that AMCON is required to secure a Conditional Use Permit for the 42 proposed restaurant that is planned to be located in the outlot at 2900 Kenzie Terrace. She stated 43 that the City Ordinance, Chapter 16, Section 1635.03 (p) requires a CUP for a restaurant located 44 250-feet from a residential area. She stated that a resolution approved by the City Council in July 45 2003 granted AMCON a Conditional Use Permit for the proposed restaurant being closer than