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City Council Regular Meeting Minutes August 23, 2005 Page 5 1 Mayor Faust confirmed that sections(h) "Assembly, meeting lodge, or convention halls" and(i) 2 "catering operations cafeterias and delicatessens" were added to the text. This is a Conditional 3 Use Permit in the LI Zoning District. Mr. Jensen confirmed. 4 5 Mr. Mornson noted that zoning text changes only require one reading. The applicant will still 6 have to submit an application for a Conditional Use Permit. 7 8 Mayor Faust asked if a liquor license would need to be issued if this text amendment is allowed. 9 Mr. Gilligan explained that as a catering operation they will have a liquor license through the 10 state. This would be outside the City's control. The City could put conditions on the license 11 through the Conditional Use Permit. 12 13 Motion by Councilmember Horst, seconded by Councilmember Gray, to adopt Resolution 05- 14 065, re: to Amend Section 1640.02 of the zoning Ordinance to allow catering/banquet activities 15 as a permitted Conditional Use in the Industrial Zoning District. 16 17 Motion carried unanimously, 18 19 D. Consider Resolution 05-066, re: Adopt Variance for building setback Amcon St 20 Anthony. 21 Commissioner Jensen reviewed items D., E., and F. with the Council and indicated that the 22 Planning Commission considered each item separately in their meeting. The Commission felt all 23 requirements were met. 24 25 Mr. Paul Tucci, Oppidan, gave an overview of the request. He explained this is the revised site 26 plan from the last request. The building setback variance is requested because there are five feet 27 on the west corner and they would prefer to have twelve feet. The position of the building is 28 similar to the original approval, however this is a smaller building. One of the other requests is 29 in regard to the proximity of the restaurant to the residential area. The size of this building is the 30 same as the original request. They are asking for approval since the original approval has 31 expired. He noted they are also asking for a variance on the parking. He said they have a floor 32 plan for the restaurant that shows 161 seats. Previous approval of the 6,000 square foot 33 restaurant was with 27 parking spots. The square footage on this site is 1,500 square feet less 34 than it was of general retail. It is the same amount of restaurant square footage. He said he 35 wasn't clear on how the 27 parking spots were arrived at. 36 37 Mayor Faust noted the variances were withdrawn and the applicant denied the amendment to the 38 agreement. 39 40 Councilmember Stille asked if a rendering of what the building will look like has been 41 developed. 42 43 Mr. Tucci showed the four elevations. He said they have submitted to the City the photographs 44 of an existing building they will base this from. They eliminated the drive through and put in a 45 door to access the proposed patio. The north elevation drew a great deal of discussion at the 46 Planning Commission meeting due to the gateway from southbound. There were egress doors 47 but he said they will also put glass on the back that will be opaque. He explained that as people