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44 feet of a residential zoning district. The conditions approved for this site in 2003 are listed below and pertained to a popular bar and grill that was interested in locating to this site: a. Garbage areas must be enclosed with materials that match buildings and must be located on the southwest: corner. b. Lighting must be "down -spill', with no spillage to residential properties across Kenzie Terrace and conform to adjacent area (St. Anthony Boulevard). c. Hours for outdoor seating shall not exceed 10:00 p.m. d. No music or other artificial noise shall be audible from any residential district. e. City engineers must approve the plan, including a determination that the proposed plan will riot have an adverse impact on the current water run -of situation. f. The patio will be. on the east side of the building. g. Breakup mass and improve the landscape to the north side of the building. h. The design of the building shall conform to the Savage store I. Flours of operation shall coincide with liquor service hours. Because the current proposed tenant is not to be located in the out lot, some of the original conditions of the approved. CUP may not be appropriate to the end cap location. For example, the restaurant will not have an outdoor seating area, the garbage area is enclosed within the building, no landscaping requirements, and the patio location would. riot apply. The proposed. tenants have applied .for a liquor license and are scheduled for Council review and approval at the May 24th City Council tneeting. B. CONDrEONAL Usi PLR MIT -Drive-Thru� Service Out Loi. AMCO is proposing to construct a building on the Out Lot located at 2702 Highway 88 on the north end of the lot. One of the proposed tenants for this proposed. bu.ildnag requires a drive-thru as part of their business. ]'he City Ordinance at Section1635.03 (b) states this is a permitted use only with a Conditional Use Permit. C. VARIANCE Pf.TIPION Building Setback =Out hot. In revising the original site plan due to changes in proposed uses and the location of those uses, A.MCON has presented a site plan that proposes a 4,500 Sr building, which represents a reduction of the building footprint by 1,500 SF. This revised site pian also reduces tlne number of variances required for the construction of the building planned for the Out Lot. Originally, they required two variances as the northeast and northwest corners of the proposed building were in the building setbacks. The City Council granted those variances in 2003. Resolution 03-053, approved. on July 15, 2003, identified the following findings of fact based on hardships that exist for this property: a. The property is currently blighted, poorly planned with regard. to layout and is art overall detriment to the area. b. Undue hardship exists and is a result of an oddly shaped parcel that is generally triangular in shape with a rounded side. c. These circumstances are not caused by the applicant or property owner. d. The variance, if granted., would not alter the essential character of the locality, but would essentially replace existing blighted structures with new, more aesthetically pleasing buildings. e. The property cannot be put to reasonable use without the requested variance because even reconstructing the existing blighted buildings on their same footprints would require setback variances. 11 APlaaniag\Staff Reports\20051ANICON staff icport 051705.doc