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PLANNING REPORT CASE NUMBER: 1374 --8 - Page 2 4. The property is zoned Shopping.Center District which requires a 100 foot setback when contiguous to or across the street from residential development. In the case of commercial development contiguous or across the street, the required setback is 60 feet. The proposed structure would be 52 feet from the right-of-way as it exists, Tinder the provisions of the shopping Center District, a plan may be submitted to the Council varying from the required setbacks as established in the Ordinance din this case, the 60 foot requirement)* This site plan review requirement applied only to the shopping Center District when the Ordinance was originally established in 19 59 . The procedure was first ,used in the planning for, and the ultimate approval of the Har -Mar Shopping Center }wilt in 1960. The procedure allows for the approval of the plan, disapproval, or approval with conditions. 5. The principal problem here appears to be that of the dedication of the additional right -of -way for Lexington Avenue. There are no current plans, to our knowledge, for the expansion of the Lexington Avenue roadway requiring additional right-of-way. The 16.5 feet, however, will be dedicated to the south of the parcel in question, and was dedicated to the north (as part of the Midwest Federal site plan approval). Though it is contrary to City policy it mould appear possible to accept the dedication, with the provision that parking be allowed to continue within the 16 .5 foot area, until such time as the right -of -way would be needed for additional expansion of the roadway system* The Shopping Center District also requires a 20 foot setback for parking, although again the Council has the right to approve a, development plan that varies from this requirement. 6. Attached is a copy of the proposed site plan. Please see the attachments to the previous report for further 'Information on the First Bank system F'ASTBANK Service and the Barton- Aschman analyses. + 7. Since this report was prepared, we received a communication from the Larkin, Koffman, Daly law firm regarding a pending iawsuite on this parcel. We will contact the City Attorney before the Public Hearing and have further information at that time as it relates to any Impact for the City, Copies of this letter will be available at Wednesday's meeting, r