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Conditional Use Permit for the proposed restaurant being closer than 250 feet of a residential IS zoning district. Since that restaurant was .never constprtcted, the originally approved CUP expired. The cod ,ditions approved for this site in 2003 are listed below: a. Garbage areas mu be enclosed with ytLials that match buildings and must be located on the southwest corner. f b. Lighting must be "down- pill",ff11 no spillage to residential properties across Kenzie Terrace and conform to adl t area (St. Anthony Boulevard). c. Hours for outdoor seatin s a not exceed 10:00 p.m. d. No music or other artif' .ral noises aIl be audible from any .residential district. e. City engineers mus pprove the da %,`including a determination that fit proposed plan will not have an adve se impact on the curre� t water run -of situation. f. The patio w37I eon the east side of the bui 'ng. g. Break up mass and improve the Iandscape to north side of the building. h. The design of the building shall conform to d1e de,' n of the existing main building. i. Hours of operation shall coincide with liquor service ours. B. VARIANCE PTTMON - Building Setback - Outlet. In revising the original site plan due to changes in proposed uses and the location of those u.ses, AMCON has presented a site plan that proposes a 4,500 SP building, which represents a reduction in size of the building footprint by 1,500 SP. This revised site plan also reduces the number of variances required for the construction of the building planned for the Outlet. Section 1635.05, Subd. 4 of the City Ordinance states that the front yard of a_commerci.al. building needs to be at least: 35 feet or a distance equal to the average of the front yard depths on the two adjacent lots. Since this site is on a corner lot, the 35 -foot front yard requirement was used.. As the revised site plan shows, the northwest corner is 5 feet from the property line and the northeast corner is 12 feet from the property line. As Mr. Tucci states in Iris letter dated July 6, 2005, with the reduction of the size of the proposed restaurant, 8Ze new proposed plan encroaches less into the setback than the original site plan that received a setback variance in 2001 The current site plan requires a variance of 30 feet for the northwest corner and a variance of 23 feet for the northeast corner. Previously, Council had approved a variance of 30 feet for each corner. Resolution 03-053, A RESOLUTION RELATING TO VARIANCE REQUESTS FOR THE PROPOSED REDEVELOPMENT OP THE CORNER OF K13,NZIE TERRACE AND HWIGHWAY 88, approved on July 15, 2003, identified the following Findings of Pact based on hardships that exist for this property in support of granting the setback variance: a. The property is currently blighted, poorly planned with regard to layout and is ann 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. 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. e. Economic considerations alone are not the basis for this request. f.. The circumstances creating this hardship are unique to this oddly shaped property. IBPIumming\Star£ Reports\2005V081605 Staff Report AMC ON Staff report.doc