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<br />City affirmatively alleges that the zoning ordinance requires a 30 foot green space setback, but with <br /> <br />Council approval the setback can be reduced to 15 feet. <br /> <br />5. Answering paragraph 7 of the Complaint, the City admits that the City staff <br /> <br />recommended denial of the applications and that a true and correct copy of the report prepared by <br /> <br />the City planner is attached to the Complaint as Exhibit D. The City affirmatively alleges that the <br /> <br />quotation from that staff report contained in paragraph 7 is incomplete and taken out of context. <br /> <br />6. Answering paragraph 10 of the Complaint, the City admits that SuperAmerica's <br /> <br />applications were placed on the City Council agenda for the April 22, 1997 meeting. The City <br /> <br />further admits that at the request of SuperAmerica, City Council consideration of the applications <br /> <br />was continued to May 13, 1997. The City further admits that Exhibit G to the Complaint is a true <br /> <br />and correct copy of the minutes of the City Council's April 22, 1997 meeting. <br /> <br />7. Answering paragraph 11 of the Complaint, the City admits that on May 6, 1997 <br /> <br />representatives of SuperAmerica met with representatives of the City to discuss the pending <br /> <br />applications. The City further admits that at this meeting the topic of redeveloping the <br /> <br />SuperAmerica site with the adjacent Dairy Queen site was discussed. The City affirmatively <br /> <br />alleges that this topic had been discussed in the past and that SuperAmerica was in favor of <br /> <br />attempting to redevelop its site along with the Dairy Queen site. The City affirmatively alleges that <br /> <br />at this meeting representatives of SuperAmerica were informed by the Mayor and another member <br /> <br />of the City Council, who were present at that meeting, that they were not in favor of granting the <br /> <br />variance application. At that meeting, SuperAmerica representatives requested that they have more <br /> <br />time to consider other alternatives. The City representatives informed SuperAmerica that the time <br /> <br />to review the application was running out. The SuperAmerica representatives stated that they <br /> <br />would agree to an extension of the review period. <br /> <br />JJT-148470 <br />BE295-48 <br /> <br />2 <br />