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Page 2 <br /> • <br /> The applicant has not submitted new plans as of the time this report was written,therefore,the original <br /> plans are still being reviewed. <br /> Variance (Alternative Motions) <br /> Approval <br /> Motion to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL <br /> OF VN-321. <br /> Denial <br /> Motion to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING DENIAL OF <br /> VN-321,DUE TO THE FACT THAT THERE IS NO HARDSHIP TO WARRANT APPROVAL OF THE 30 FOOT <br /> SIDE STREET YARD SETBACK VARIANCE. ADDITIONALLY,GRANTING OF THE VARIANCE WOULD SET A <br /> PRECEDENT FOR SIMILAR VARIANCE REQUESTS WITHIN THE I-1,LIGHT INDUSTRIAL ZONING DISTRICT. <br /> Nonconforming Use Permit& Site Plan (Alternative Motions) <br /> Approval <br /> Motion to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL <br /> OF NC-113&LP-340 SUBJECT TO THE FOLLOWING CONDITIONS: <br /> 1. Perimeter curbing be installed around the entire perimeter of the off-street parking/loading <br /> • and drive aisle areas. <br /> 2. All off-street parking stalls must be striped. Drive aisle widths must be 24 feet and parking <br /> space depths shall be 18 feet. <br /> 3. Landscaping/green area be provided around the perimeter of the site as shown on the <br /> landscape plan dated 1-25-1999. Specific species shall include: Evergreens shall be Black <br /> Hills White Spruce(6 feet tall); The Deciduous trees should include a mixture of Hackberry <br /> and Patmore Seedless Green Ash,with a mixture of Green Spire Linden scattered along the <br /> south,east and north property lines(3 inch caliper). <br /> 4. AAA Cooper shall be responsible for removal of the canopy,gas pumps and underground gas <br /> pumps upon sale of the site. If the property is acquired through eminent domain,AAA <br /> Cooper will not receive compensation for the value of the improvements or the cost of their <br /> removal. <br /> 5. Trucks associated with AAA Cooper must use the Highway 96 exit/entrance to I-35W,and <br /> may not travel south on Old Highway 8,through Downtown. <br /> Denial <br /> Motion to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING DENIAL OF <br /> NC-113&LP-340,DUE TO THE FACT THAT THE APPLICANT HAS NOT ADEQUATELY ADDRESSED THE <br /> SITE NONCONFORMITIES. <br /> RECOMMENDATION <br /> Staff recommends denial of the side street yard setback variance and approval of the Nonconforming Use <br /> Permit and Site Plan subject to compliance with all of the conditions listed above(1-5). <br /> • k _rz <br /> Cary. Teague, City lanner <br /> 1:1SHARE D\COU NCILIREPO RTS119991AAACOOPE.WPC <br />