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Planning Commission Meeting Minutes August 16, 2005 Page 3 1 250-feet of a residential zoning district adding that since that restaurant was never constructed 2 the originally approved CUP expired. She reviewed the conditions approved for this site in 2003 3 with the Commission. 4 5 Ms. Moore-Sykes referenced the Variance petition for the building setback-outlot stating that in 6 revising the original site plan due to changes in proposed uses and the locations of those uses, 7 AMCON has presented a site plan that proposes a 4,500 square foot building, which represents a 8 reduction in size of the building footprint by 1.500 square feet. She stated that the revised site 9 plan also reduces the number of variances required for the construction of the building planned 10 for the Outlot. She noted that Section 1635.05, Subdivision 4 of the City Ordinance states that 11 the front yard of a commercial building should be at least 35-feet or a distance equal to the 12 average of the front yard depths on the two adjacent lots. She stated that since this site is on a 13 corner lot, the 35-foot front yard requirement was used. She stated that as the revised site plan 14 shows, the northwest corner is five feet from the property line and the northeast corner is 12-feet 15 from the property line. She stated that as Mr. Tucci noted in his letter dated July 6, 2005, that 16 with the reduction of the size of the proposed restaurant, the new proposed plan encroaches less 17 into the setback than the original site plan that received a setback variance in 2003. She 18 explained that the current site plan requires a variance of 30-feet for the northwest corner and a 19 variance of 23-feet for the northeast corner and previously Council had approved a variance of 20 30-feet for each corner. She stated that Resolution 03-053, approved on July 15, 2003, identified 21 the Finding of Facts based on hardships that exist for this property in support of granting the 22 setback variance and she reviewed with the Commission. She stated that since no construction 23 occurred within the year of their approval, the variance expired and the applicant is now 24 requesting a similar setback variance to the northwest corner of the proposed building, as it does 25 extend into the building setback 12-feet and coming within 5-feet of the property line. 26 27 Ms. Moore-Sykes stated that the last variance is in regards to parking on the site. She stated that 28 previously, AMCON had received approval for a parking variance for their project in 2003. She 29 noted that there is some discrepancy as to the number of parking spaces that were covered by the 30 variance but Resolution 03-053 referenced a variance of 27 spaces. She indicated that Mr. Tucci 31 suggests that the original proposal needed a variance closer to 50 parking spaces and according to 32 the revised proposed site plan for this property, and as the result of the reduction of the building 33 square footage, AMCON has significantly reduced the number of parking spaces that they need 34 to address with a variance. She noted that Section 1650.05, Subdivision 1, states that 35 Commercial properties are required to have one space for each 300 square feet of gross floor area 36 and Mr. Tucci states in his letter that the 18,500 square feet of retail space, a reduction of 2,000 37 square feet from the original plan, requires 62 parking stalls. She stated that Section 1650.05, 38 Subdivision 1, requires that restaurants have parking spaces equal to the total seating capacity 39 divided by 2.5, plus one space for each employee on the largest shift. She explained that the total 40 parking spaces needed for this site is 149 parking spaces and the parking spaces provided by 41 AMCON's site plan is 118, for a deficit of 31 parking spaces. She indicated that they did receive 42 an email from Dennis Cavanaugh in support of the revised plan. 43 44 Paul Tucci, OPPIDAN, stated that they worked to incorporate the comments from the Council 45 with respect to the size of the restaurant noting that they were able to convince the operator to go