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©F REQUEST FOR COUNCIL CONSIDERATION Agenda Section 11.A. STAFF REPORT Report Number: 96-1709C • amiros Report Date: 5/9/96 CITY COUNCIL MEETING DATE OiF:01 May 13, 1996 Special Order of Bus. Consent Agenda 4''Btt-Partros" ■�, Public Hearings X Council Business Item Description: Consideration of Resolution No. 4952, A Resolution Regarding a Variance Request for Tom Manke and Leon Theis, owners of Mounds View Fina, 2280 West County Road I, Planning Case No. 43 8-96. Administrator's Review/Recommendation: -No Comments to supplement this report �. -Comments attached. / Explanation/Summary(attach supplement sheets as necessary) Summary: This item was brought forth to the May 06, 1996 City Council Work Session for discussion. Discussion at this session supported the City Council denying the variance request based on the findings of the Planning Commission in Resolution No. 444-96. For review, Leon Theis and Tom Manke, owners of Mounds View Fina, requested a variance from the Planning Commission to allow the placement of a 24'x 44' canopy atop a gas pump island at 2280 County toad I. The application presented was for a variance for a twenty-four foot encroachment into the required thirty foot front yard setback. Thus, the proposed canopy would be placed six feet from the front yard property line. The applicants.are now appealing the Planning Commission's denial to their variance request to the City Council. The Mounds View Fina is located at 2280 County Road I, and is currently zoned as a legal nonconforming use within the B-2 (Limited Business District) zoning. Municipal records indicate a gas station(Gulf Gas Station) was located At the site since 1954. In January 1981, Ordinance No. 300 amended the Zoning Chapter of Municipal Code to require a 30-foot setback from the lot line for a corner property. In December 1983, the Zoning Section of the Municipal Code was amended in Ordinance No. 352 to require a 30' minimum yard setback for front yards and 10 feet for side yards within B-2 Zoning Districts. When considering this variance request, two issues should be addressed. One issue is that the property is currently classified as a legal nonconforming use and the applicant's request is to add another structure, a canopy, to this nonconforming use. Chapter 1123.02, Subd. 1, provides for the continuance of a legal z = Joyce P 'itt, Acing Community Development Director RECOMMENDATION: Approve Resolution No. 4952, A Resolution Regarding a Varaince Request for Mounds View Fina, 2280 West County Road I, Planning Case No. 438-96.