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g. Granting of the variance will keepp within the . irit and intention of the zoning code and 1 further, it is consistent with the City's`'Com 'ehensive Plan. Since no construction occurred within the ear of tliLha approval, the variances expired. The applicant is now requesting a similar se - ack variance to the northwest corner of the proposed i din building as it does extend into the bng setback 12 feet and outing within 5 feet of the property line. C. VA1uANCE PETITION -Parking on Site. Previously, AMCON received approval for a parking variance for their project az 2003. 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 original proposal needed a variance was closer to 50 parking spaces, According to the revised. proposed site plan for this property and as the result of the reduction of building square footage, AMCON has significantly reduced the number of park rlg spaces that they need to address with a variance. Section 1650.05, Subdivision 1, (6) states that Commercial properties are required to have one (1) space for each 300 SF of gross floor area. Mr. 'Ta.cci states in his letter that the 1.8,500 SF of retail space, a reduction of 2,000 SF from the original plan, requires 62 parking stalls. Section 1650.05, Subdivision 1, (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 number of parking spaces for the two restaurants, Jersey Mike's and proposed :t'estaurant is 87 spaces. The total parkii ig spaces needed for this site is 199 parking spaces; the parking spaces provided by AMCON's site plan is 118, for a deficit of 31 parking spaces. H:APtumin�AStsff Reports\2005A081605 Staff Report AW ON SttSf report.doc