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City Council Regular Meeting Minutes May 24, 2005 Page 6 Mr. Tyson stated they are not withdrawing their petition; they are asking for postponement of the proceeding and a waiver of the 60 -day requirement to allow for reconsideration of the modified text amendment. Mr. Gilligan said the Council can table the motion or choose to act on the underlying submission. Councilmember Stille suggested it be acted on now. 9 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Resolution 05- 10 043, re: A Resolution denying a text amendment change to the Ordinance to allow cemeteries 11 and funeral homes in Zoning District R-1 as a conditional use. 12 13 Motion carried unanimously. 14 15 C. Resolution 05-44; A Conditional Use Permit to allow a restaurant within 250 feet of a 16 residential property for the development located at 2714 Highway 88. 17 Mr. Morrison noted that Resolution 05-047 (item F) will be withdrawn. 18 19 Mr. Foster stated the client has agreed to withdraw their request for Resolution 05-047 to allow a 20 drive-tlu-u. 21 22 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to withdraw Resolution 23 05-047; re: A Resolution denying a conditional use permit to allow a drive -thio on the 24 development located at 2900 Kenzie Terrace. 25 26 Motion carried unanimously. 27 28 Commissioner Young addressed Resolution 05-044, which is for the restaurant that has been 29 discussed at this meeting. This building is moved to the end cap from the outlet; the 30 Commission expressed disappointment in the use of the site with the outlet being left vacant. 31 However, they agreed a smaller building may be more suited to the site. The Planning 32 Commission approved this request with conditions as listed in the report. 33 34 Commissioner Young noted a 4,500 square foot building is proposed on the outlot. Originally, 35 two variances were required, as the northeast and northwest corners of the proposed building 36 were in the building setbacks. The Council granted those variances in 2003. Since no 37 construction occurred within the year of their approval, the variances have expired. The 38 applicant is requesting a similar setback variance to the northwest corner. She stated the 39 Commission discussed the landscaping on this corner and overall on the site. They are interested 40 in AMCON and the City working jointly. She reported the Commission accepted this variance 41 accepting landscaping as a condition. 42 43 Commissioner Young explained the parking request is down nine spaces from the original 44 request due to differing types of buildings now being planned for the site. It was approved by 45 the Planning Commission. She said there were nine citizens that spoke out at the Planning 46 Commission meeting citing concerns such as whether there should be a building on the outlot, is 0