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Concept Plan Review of PDQ John Keenan Teague reviewed his memo on the concept review and consideration of setback variance for the purpose of redevelopment of the PDQ store located on County Road D. Baker stated that considering this site with the proposed setback would be difficult. The Planning Commission held SuperAmerica on Silver Lake Road and Rice Creek Road to the requirements. Baker said he could see no way the Planning Commission could ever approve an application with a zero setback when 25 feet is required. Teague said he emphasized to PDQ that they need to try to meet the setbacks. This request would be like the existing building. Livingston asked whether PDQ or an adjacent property owner owned the green area on the plan. Teague responded the adjacent property owners own the green area, the apartment complex to the north. O’Brien asked Teague to show the north property line on the plan. O’Brien said the west property line seemed to be on the west side of the dumpster. The PDQ driveway would be in the apartment building’s property. Jim Shelton of PDQ in Madison stated PDQ has a permanent easement across the property to the west shown in green on the plan. The property owner did not even realize he owned the property. Shelton said he contacted both owners. PDQ has also always maintained the back green area. PDQ would be willing to landscape the area and put new curbing around it. If we could move the building back, we could pick up five or possibly ten feet of additional green area in the front. PDQ lost frontage when the road was widened. The office building owners owned the back part of that lot. PDQ acquired that piece recently. Shelton showed a PDQ in Madison similar to the one they are proposing. Shelton said he was hoping the Planning Commission would look at this request keeping in mind PDQ maintains all the green area as if it belonged to PDQ. Baker said asked about the easements. Shelton said he met with the owners of the easement properties, but could not acquire the property. Baker said he was concerned about uniformity in applying the Zoning Code. We required that E-Z Stop and SuperAmerica meet the Code. Zisla said the green space was behind the building and would have no impact on the front setback variance. Shelton said the area on which PDQ has the easement would take care of the setback to the west. Baker stated, assuming the easement would take care of the west variance, the front and back of the building would still require 20-foot variances. Teague stated the easements under discussion are simply access easements, similar to McDonald’s, using the drive entrance with Minar Ford. It would not affect the setback. We would require a variance whether there was an easement there or not. There would be a 25-foot variance required on the west side. Shelton said the easement covered all of it, not just the driveways. Teague responded the easement is still only an access easement owned by the property owners to the west. I:\COMMISSIONS\PLANNING\MINUTES\1998\07-21-98.WPD 5