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Of REQUEST FOR COUNCIL CONSIDERATION Agenda Section 6 STAFF REPORT May 06, 1996 Report Number:96-1689WS �� iUJ f iii Report Date: 4/30/96 • . WORKSESSION MEETING DATE • D ,, �6 C �1'1-'tr-PartV' ''Qs Item Description: Discussion of an Appeal to City Council for a denial for a variance request from the Planning Commission for Tom Manke and Leon Theis, owners of Mounds View Fina, 2280 West County Road I, Planning Case No. 438-96. Administrator's Review/Recommendation: _ -No Comments to supplement this report LA.J -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: . 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 Road I. The application presented 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 0 thin the B-2 (Limited Business District)zoning. Municipal records indicate a gas station(Gulf Gas Station) as located at the site since 1954. In January 1981, Ordinance No. 300 amended the Zoning Chapter of the 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 legally 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 nonconforming use with"any structure or use lawfully existing prior to the zoning use change shall not be enlarged but may be continued at the size and in the manner of operation existing upon such dates, except as hereinafter specified or subsequently amended." The intent of Chapter 1123 of the Municipal Code is stated as"all nonconforming uses shall be eventually brought into conformity." City Attorney Long's opinion to the Planning Commission was that by allowing new structures to be built in connection with a nonconforming use, it will be more difficult to bring the nonconforming use into conformity and may create some difficulty in the future in making a distinction about which types of new structures can be built on a nonconforming use property and which types of newstructurescannot be built on a nonconforming use property. Joyce mitt, Acting Community Dew opment Director COMMENDATION: Staff seeks direction for drafting a resolution to appeal the Planning iv Commission's denial of a variance request for Mounds View Fina, 2280 West County Road I, Planning Case No. 438-96.