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I. Economic considerations alone are not the basic [for this request]. 45 g. The circumstances creating this hardship are unique to this oddly shaped property. h. Granting of the variance will keep within the spirit and intention of the zoning code and 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. D. VARIANCE PETITION - Parking_onSite. Once again, AMCON received approval for a parking variance for their project. 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 number of spaces that needed a variance was closer to 50. According to the revised site plan for this property and as the result of the reduction of building square footage, AMCON has concurrently and significantly reduced the number of parking spaces that they need to address with a variance. Section 7.650.05, 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 19,500 SF of retail space, a reduction of 1,500 SF from the original plan, requires 65 parking stalls. Section 1650.05, Subdivision :I., (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 )lumber of parking spaces for the tvvo icstaurant n. 71 spaces. The total parking spaces needed for this site is 136 parking spaces; the parking spaces provided by AMCON's site plan is 115, for a ci.eficit of 18 parking spaces. Mr. Tucci further states that should the proposed restaurant decide on a maximum seating capacity of 100 seats, then the required parking spaces would be 118, which the same number of parkvng spaces that they are proposing to provide .for their retail/commercial site. AMCON will also be. before the City Council to amend the Developer's Agreement on. May 24, 2005 to adjust the timeline as originally established to allow for the additional time required to complete the proposed. AMCON project. Below is the proposed. schedule for the City's processes regard no the AMCON project: May 24 -- Public Hearing with the City Council Liquor License Amendment to the Developer's Agreement Council Action on Plamring Commission .Reconunendations Attachments: ® Letter dated April 11, 2005, Mr. Paul Tucci, OPPIDAN 9 Site Plan o Application Packet for CUP for Restaurant within 250 feet of a Residential area a Application Packet for CUP for Drive-Thru structure - Out Lot ® E-mail dated April 27, 2005 with elevations of the Out Lot building ® Application Packet for Variance to the Setback Requirements - Out Lot 6 Application Packet for Variance to the Parking Requirements H:APtaunig1,,AStaff Reports\2005AAN1C0N staff report 051705.doc