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g 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 comer of the proposed building as it does extend into the building setback 12 feet and conking within 5 feet of the property line. C. VARLANCL' PLUTION - Parking on Site. Previously, AMCON receive approval for a parking variance for ther roject m 2003. There is some discrepancy as to e number of parking spaces that were covered By, variance, but Resolution 03-053 refere • ced a variazhce of 27 spaces. Mr Tucci suggests that the miginal proposal needed a variance as closer to 50 parking spaces. According to the revised pro -Poo s�d site plan for this roperty and as the result of the reduction of building square footage, A VCO ih s sign fica .y reduced the number of parking spaces that they need to address with a variance ``.� Section 1650.05, Subdivision, 1, (6) stakes that C ercial properties are required to have one (1) space for each 300 SP of gross floo area. Mr. I ucers ates in his letter that the 15,500 SS of ret<ta space, a reduction of 2,000 SF m th.e original plan, re uires 62 parking stalls. Section 1650.05, Subdivision 1, (3) requ[re,5A4.1at restaurants have parking s aces equal to the total seating capacity divided by 2.5, plus one space for each employee on e largest shift. That required nufnber of parkin� spaces for the two restaurants, Jersey Mik.' 'a d proposed restaurant is 87 spaces. The tmt parking spaces :needed for this site is 149 parking ces; the. pw:kv g spaces provided by AMCON's site plan .is 118, fora deficitof 31 parking spa.ees. FIi�Plarmin;lStaff Reports\2005\081605 Staff Report AMCON Staff report.doc