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I I I Council Meeting Minutes September 22, 1998 Page 7 Council Business. continued Benke asked the status of pending ownership of the easement area. Manning said once the plan is approved, PDQ will pursue negotiations with adjoining property owners. Benke asked if the landscaped area could be expanded to resolve the setback issue assuming PDQ would receive ownership. Manning would not anticipate a problem, but the first hurdle would be property acquisition. Benke questioned if a condition of approval should refer to landscaping once ownership is attained. Benke questioned the need for a variance if there is anticipation that the property will be acquired by PDQ. LeFevere noted that in order for PDQ to receive building permit approval, the variance is required. Benke acknowledges the need, but questioned whether the variance could be classified as temporary. Benke suggested that approval be granted on the condition that PDQ is successful in acquiring ownership which would then satisfy the setback and eliminate the need for variance. Manning noted that PDQ wishes to begin demolition of the store on September 24, and plans to reopen by Christmas. LeFevere verified Benke's request for the approval to be contingent on PDQ complying with the setback requirement upon acquisition of the easement area. Motion by Gunderman, seconded by Larson, to WAIVE THE READING AND ADOPT THE RESOLUTION APPROVING VN-320; AND APPROVE LP-345 SUBJECT TO THE FOLLOWING CONDITIONS: 1. PERIMETER CURBING MUST BE INSTALLED PER THE SITE PLAN. 2. ALL OFF-STREET PARKING AND DRIVE AREAS BE PAVED WITH A BITUMINOUS SURF ACE. 3. ALL OFF-STREET PARKING STALLS SHALL BE MARKED WITH WHITE OR YELLOW PAINTED LINES NOT LESS THAN FOUR INCHES WIDE. 4. THE AUTUMN PURPLE ASH SHALL BE REPLACED WITH EITHER SUMMIT ASH OR GREEN SPIRE LINDEN. ALL OTHER LANDSCAPING SHALL BE INSTALLED PER THE PROPOSED LANDSCAPED PLAN. 5. PROVISION OF A BOND OR LETTER OF CREDIT IN THE AMOUNT EQUAL TO 100% OF THE COST TO INSTALL LANDSCAPING, CURBING AND PAVING TO ENSURE THAT THESE ITEMS ARE INSTALLED PER THE APPROVED PLANS. 6. PROVISION THAT THE FIVE FOOT SETBACK BE RESOLVED UPON ACQUISITION OF PERMANENT PROPERTY OWNERSHIP BY THE APPLICANT. 5 Ayes - 0 Nayes, Motion Carried. Benke explained that in August, Council rejected all bids for the proposed Kari LnJLong Lk. Rd. Relief Storm Sewer Project because a majority of affected residents refused to sign covenant forms to restrict future filling of backyard areas. The filling restriction was necessary to protect the low homes from flooding. Council was not willing to proceed with the project without covenants in place. Council Business PDQ Site Plan and Variance Report 98-189 Resolution 98-092 Kari Lane Relief Storm Sewer Project Report 98-190