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<br />-. <br /> <br />I <br /> <br />4. On or about March 28, t 997. SuperAmeri~ by and through its developer, Fayette <br />I <br />I <br /> <br />Fundin~f a limited partnership, ~ubmittcd to the City two app1icatiot1s~ ~ site plan application and <br />I <br />a.... vari~ DPP1i~iQn. tor approva1 or ~ltt! rel!~eti.otl of tlte St1~AmeriC9 ~~ (the <br />"ProjectD. A true and correct copy ofSuperAmerlca's site plan appUcation to the: Cily. without <br />, <br /> <br /> <br />attachm~ts, (referred to as LP-325) is attached and incorporated into this Verified Complaint as <br />I <br />Exhibit~. A true and c:ottect copy of SuperAmerica' s site variance application to the City l <br /> <br />witbout ~ttachments, (referred to as VN~3t:n is attached and incorporated into this Verified <br />I <br />CUUlplaillt as Exhibit D. <br /> <br />S. The City at no time advised SuperAmerica that either of its applications failed to <br /> <br />I <br /> <br />contain ~l required infonnation. <br /> <br />J. <br /> <br />On or about Apri19, 1997, SuperAmerlca' s attorney submitted a letter to the City <br /> <br />i <br />I <br />in suppdrt oftbe site plan and variance applications. A true md oorrect copy of Timothy J. <br /> <br />Keane 'si letter dated Apri19. 1997 is attached snd incorporated into this Veritied Complaint as <br /> <br />Exhibit~. The letter in support pointed out that the site plan application includes a request for <br /> <br />approval of a variance from the New Brighton green space requirement. The New Brighton <br />: ~~'" ~$ -~ t,~ rkr~I~>'~ ,.(... c..L <br />zoning ordinance pro~des for ~en space setback between the right-of-way line and <br /> <br />the sutf~ce of thA P'lrking or drive area. The pwpose of Super America ' s request to have a shorter <br /> <br />setback ~s to provide adequal~ drive aisles and drculation for the new pump configuration. the <br />~ <br />ptO~ reconstruction is being undertaken to replace an obsolete, unattractive and poor1y~sited <br /> <br />facility 4th a building and site layout that are architecturally appealing and provide greatly <br />I ~ ) <br />I <br />imptOv~ vehicular and pedestrian circulation. :The letter pointed out that the reconstruction <br />+- S\Jb,et..~~ <br />Project kould pro-vide significant advantages. inr.11trling: <br />I <br />I <br />I <br />: ~ <br /> <br />tS~-~ aO/20'd 220-1 <br /> <br />Ol2aLU~l9 <br /> <br />N!^Y~~ , ^a3NN!~-WOJ~ weae:ao sa-SO-1ny <br />