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<br />I <br /> <br />I <br /> <br />I <br /> <br />Council Meeting Minutes <br />April 27, 1999 <br /> <br />Page 6 <br /> <br />Council Business. continued <br /> <br />Motion by Samuelson, seconded by Hoffman, to WAIVE THE READING AND <br />ADOPT THE RESOLUTION ACCEPTING THE 1998 ANNUAL REPORT FOR <br />THE FIRE RELIEF ASSOCIATION. <br /> <br />5 Ayes - 0 Nayes, Motion Carried. <br /> <br />City Planner Cary Teague presented reconsideration of a front yard setback variance to <br />tear down the existing Super America (SA) convenience grocery/gasoline sales and <br />construct a new facility and canopy. The property is located at the northwest corner of <br />Silver Lk. Rd. and Rice Creek Rd. <br /> <br />The City denied a request by SA in 1998 for a 22 ft. front yard setback variance to install <br />drive aisles and off-street parking 8 ft. from the property line off Rice Creek Rd. A 30 <br />ft. setback is required, however, the setback can be reduced in a side street yard to 15 ft. <br />subject to Special Use Permit. SA has now revised their plans to include a 12 ft. <br />setback, additional landscaping, decorative fencing, monument sign, and upgraded <br />building. The City Forester recommends inclusion of a condition stating the applicant's <br />responsibility for maintenance of all plant material shown on the landscape plan. <br /> <br />The Planning Commission recommends approval (3-2 vote), but suggested the building <br />be shifted 5 ft. to the north to allow a 3 ft. green space to meet the 15 ft. setback or <br />increased drive aisle widths. SA felt the 15 ft. setback is critical to prevent entering <br />vehicles from interfering with cars at the gas pumps. Larson said the Planning <br />Commission felt the 31 ft. front yard setback was preferred from a safety standpoint. <br />Benke feels the 5 ft. setback would reduce impacts to the adjacent Dairy Queen (DQ). <br /> <br />Samuelson noted the importance of providing aesthetic improvements to that corner, and <br />noted safety issues at that busy intersection. <br /> <br />Benke asked if a condition of approval could be incorporated to reflect the pending <br />lawsuit. City Attorney Charlie LeFevere said an added condition could state a dismissal <br />with prejudice without costs or disbursements of attorneys fees to either party. Also, no <br />building permits would be issued until that dismissal has been accomplished. <br /> <br />Gary Van Cleave, SA attorney, confirmed SA would not take issue with the conditions. <br />Fire safety and access between the two buildings was the reason for the 5 ft. setback. <br /> <br />Arnold Breyer, DQ, said the zero lot line would be detrimental to his adjacent business. <br />Benke said the building's location is one issue the City is attempting to resolve, but the <br />fact is that SA has the right to submit this request. Benke believes the 5 ft. setback <br />should remain because of its impact to the DQ. LeFevere said the lawsuit did not <br />identify impacts to adjacent properties, and in reality the SA proposal conforms to <br />standards except for the 3 ft. green space on the south side. <br /> <br />Samuelson is inclined to reta.in the setback from a safety standpoint. <br /> <br />Roman Mueller, SA Construction Engineer, confirmed that the construction plans were <br />modified to minimum design standards, but allows for a functional and safe site. <br /> <br />Council Business <br /> <br />Firefighters Relief <br />Ascn. <br />Report 99-099 A <br />Resolution 99-040 <br /> <br />SA Site Plan <br />Report 99-100 <br />Resolution 99-041 <br />