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September 22, 2022 PC Minutes Page 3 an access point, and it is in staff’s opinion that the request for the variance is due to unique circumstances not created by the landowner. A drive-through business with its access point onto Flay Avenue North would be within the character of an eventual central business district. The other corners of Highway 61 and 147th Street are occupied by commercial uses. It is in staff’s opinion that the proposed access point location will not alter the essential character of the neighborhoo d. It is in staff’s opinion that there are practical difficulties in meeting the ordinance standards. This area is expected to be developed with commercial uses consistent with the downtown plan, and it is in staff’s opinion that the location of the access point meets the spirit and intent of the code and comprehensive plan. Staff found that the request meets all standards required for a variance . The applicant’s site plan is showing 115 feet and 4 inches for vehicle stacking for the drive-though, where 180 feet is required by the ordinance, therefore a variance is required. The primary factors Staff must consider are practical difficulties and spirit and intent of the ordinance . If the vehicle stacking goes beyond the 115 feet and 4 inches it will be within the parking lot on the site and will not go into a public street. The drive-through business with a reduced area of vehicle stacking is a reasonable use. In order to meet the 180’ of vehicle stacking required by ordinance, the applicant would need to reorient the building placement so the drive-through is to the north adjacent to the existing single-family home to the north. It is in staff’s opinion that the drive -through lane oriented to the east towards Highway 61 is the best location on the site for the service window. Allowing for a reduction of vehicle stacking would not alter the essential character of the neighborhood more significantly than if the drive - through lane was constructed with 180’ of stacking per ordinance. It is in staff’s opinion that there are practical difficulties in meeting the ordinance standards. It is the spirit and intent of the ordinance to ensure that vehicles queuing for a drive-through business are given ample space to do so without overflowing into other traffic areas such as public streets. Since the provided vehicle stacking will not go into a public street and there is a bypass lane for vehicle circulation , it is in staff’s opinion that the variance requested meets the spirit and intent of the ordinance. Staff found that the request meets all standards required for a variance. There is a City trail along 147th Street North as well as a County trail Highway 61. The site plan does not propose any impact to either trail. The Downtown Design Guidelines encourage pedestrian connection with development. The plans show a pedestrian connection to the existing trail along 147th Street that is landscaped. According to the Comprehensive Plan and the downtown plan, the site falls within an area that shall follow downtown design guidelines. The submitted architectural plans describe a 4,500 square foot building that is roughly 23 feet tall. Elevations for the building are given along with renderings of how the site will look once completed and in use. The exterior is articulated on all four sides, leaving no blank space. The walls are designed using a combination of brick masonry and stone to create aesthetically pleasing, yet contrasting tones to highlight ent rances and windows. The guidelines identify the intersection of 147th Street and Highway 61 as a key entry point into downtown encouraging the area to be designed with gateway elements, which could include open space, unique landscaping, walls or gates, water features, and City signage.