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AGENDA ITEM 6Ai STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: October 10, 2011 TOPIC: Consider Resolution Number 11-95 Conditional Use Permit Amendment Motor Fuel Station, 7997 Lake Drive BACKGROUND The site at the southwest corner of Lake Drive and Main Street had gas pumps for many years. The canopy, pumps, and underground storage tanks were removed in 2009 and the convenience store space has been vacant since then. The property owner wants to install a new canopy with gas pumps and fuel tanks. The location of the canopy and pumps on the site will differ from the previously approved layout. This requires amending the existing motor fuel station conditional use permit. An amendment to an existing conditional use permit requires the same process as a new one. The installation of a new canopy, fuel pumps, and underground storage tanks will require excavation and repaving of the site, including an increase in impervious area. The Lake Drive access driveway will be moved south and align with the bank driveway on the other side of Lake Drive. There will be no structural changes to the existing building. ANALYSIS History The site has had motor fuel pumps for decades. A building permit for fuel pumps and storage tanks was issued in 1978. The 1971 zoning ordinance lists motor fuel station as a permitted use. The 1982 zoning ordinance lists motor fuel station as a conditional use. Existing uses were considered to have a conditional use permit (CUP) that allowed them to continue as they were at the time. Structural alteration, enlargement, intensification of use required an amendment to the CUP. This was observed when an application in 1999 to increase the number of fuel pumps and enlarge the canopy was processed as an amendment to a CUP. (The application was withdrawn.) In fact, this same approach remains and is required by our current zoning ordinance. We are considering the current application as an amendment to a CUP.