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Conditional Use Permit for the proposed restaurant being closer than 250 feet of a residential 27 coning district. Since that restaurant was never constructed, the originally approved CUP expired. The conditions approved for this site in 2003 are listed below: a. Garbage areas must be enclosed with materials that match buildings and must be located on the southwest corner. b. Lighting must be "down -spill", with no spillage to residential properties across Kenzie Terrace and conform to adjacent area (St. Anthony Boulevard). c. Hours for outdoor seating shall not exceed 10:00 p.m. d. No music or other artificial noise shall be audible from any residential district. e.. City engineers must approve the plan, including a determination that the proposed plan will not have an adverse impact on the current water run -of situation.. f. The patio will be on the east side of the building. g. Break up mass and improve the landscape to the north side of the building. h. The design of the building shall conform to the desigin of the existing main building. i. Hours of operation shall coincide with liquor service hours. B. VARIANCE PEIM'TON - Building Setbacds - Outlet. hn revising the original site plan due Tb d..ianges �n proposed. uses and the location of those uses, AVICO.N has presented a site ph 2 t /at proposes a4,5 SF building, which represents a reduction u2 size of the building footprint y 1,500 SP. Phis reused site pian also reduces the number of variances rc qu:ired for the cog iruction of the bu lding planned for the Outlot. �// Section 1635 rbd 4 of the City Ordinance states that Chu .front yard/off a connmerci.al building needs to be at lea, feet or a distance equal to the average of the Vent yard depths on the two adjacent lois. Since I�e is on a corner toil tlne 35 -foot: horn ytxid requirement was used. As the revised site plan shows the northwest corner is 5 feet free the property line and the northeast corner is 12 feet £ro 3 !ie property line. As Mr. TCtcci states un his letter dated July 6, 2005, with the reduction of the si�of the proposed r'e�.ta�urant, the new proposed plan encroaches less into the setback than, he original si plan that received. a. setback variance n 2003. The current site plan requires ariance of/30 feet for the northwest corner and a variance of 23 feet for the northeast corner. PrevioiIy�Counc l had approved a variance of 30 feet for each corner. /\ Resolution 03-053, A RESOLUTION KELATING TO VARIANCE REQUESTS FOR THE PROPOSED REDEVELOP v1ENT P THE CORNER O]�KENIIE TERRACE AND HWIGHWAY 88, approved on July 15, 2003, ' entified the following Fin�dings of Pact based on hardships that exist for th s property in su�rt of granting the setback vatilnce: a. The proper/threa. featly blighted, poorly planned with regal to layout and is an overall detriment t b. Undue harists and is a result of an oddly shaped parcel thais generally triangular rounded side. c. These ci umstances are not caused by the applicant or property ownei:, d. The vk hance, 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 requeste hvariance because even reconstructing the existing blighted buildings on their same footpr Mould require setback variances. e. Econom c considerations alone are not the basis for this request. f. The circumstances creating this hardship are unique to this oddly shaped property. H:AYta nki,,\Staff Reports\2005081605 Staff Report AMCON Staff report.doe