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MOUNDS VIEW PLANNING COMMISSION <br /> IIIRESOLUTION NO. 448-96 <br /> CITY OF MOUNDS VIEW <br /> COUNTY OF RAMSEY <br /> STATE OF MINNESOTA <br /> RESOLUTION APPROVING A SETBACK VARIANCE FOR FINA, 2280 COUNTY ROAD I, <br /> PLANNING CASE NO. 438-96 <br /> WHEREAS, Thomas Manke and Leon Theis, applicants and owners of Mounds <br /> View Fina, have applied for a variance to permit the construction of a 20 feet by 40 feet <br /> canopy over a gas pump island located at 2280 County Road I in the City of Mounds View <br /> to encroach eight (8) feet into the required thirty (30) foot front yard setback; and <br /> WHEREAS, the Planning Commission of Mounds View met on June 05, 1996 and <br /> held hearing on the requested variance; and <br /> WHEREAS, the Planning Commission has heard the testimony of the applicants and <br /> has considered the staff report and the written legal opinion of the City Attorney; <br /> WHEREAS, the Mounds View Planning Commission has reviewed the criteria used <br /> to evaluate all variance requests; and <br /> 1111 WHEREAS, the Planning Commission has determined that the applicants cannot <br /> ably place the fuel pumps, and canopy atop the fuel pump island, in a safer location <br /> on the property at the required thirty (30) foot setback given the existing lot dimensions and <br /> the fact that it is a corner lot; and <br /> WHEREAS, the Planning Commission has found that the conditions do not result <br /> from the applicant since the gas station has been in existence since the 1950's and the <br /> building was located on the site prior to code amendments requiring a thirty foot setback <br /> and allowing fuel stations by conditional use permit in B-3 zoning districts; and <br /> WHEREAS, the variance requested is the minimum variance which would alleviate <br /> the hardship for the applicants; and <br /> Based upon these findings, the applicant's request is hereby approved contingent <br /> upon the following: <br /> 1. If a requested code amendment to exempt canopies as an enlargement of a <br /> legal nonconforming use is denied by the City Council, then this variance will <br /> be null and void. <br /> BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward <br /> this resolution to the City Council prior to approval of the minutes. <br /> IIIAdopted this 5th day of June 1996. <br />