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• <br /> MOUNDS VIEW PLANNING COMMISSION <br /> 0 RESOLUTION NO. 444-96 <br /> CITY OF MOUNDS VIEW <br /> COUNTY OF RAMSEY <br /> STATE OF MINNESOTA <br /> RESOLUTION DENYING 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 24 feet by 44 feet <br /> canopy over a gas pump island located at 2280 County Road I in the City of Mounds View; <br /> and <br /> WHEREAS, if the variance were granted it would permit an enlargement of the <br /> existing structure which is a nonconforming use and would encroach 24 feet into the <br /> required thirty foot front yard setback; and <br /> WHEREAS, the Planning Commission of Mounds View met on April 17, 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 /> NOW, THEREFORE, the Mounds View Planning Commission makes the following <br /> findings and resolves as follows: <br /> 1. That Chapter 1123.01 of the Mounds View Zoning Code (the "Zoning Code") <br /> declares it to be the purpose of Chapter 1123 'that all nonconforming uses shall ife <br /> eventually brought into conformity." <br /> 2. That Chapter 1123.02, Subdivision 1, of the Zoning Code states that a <br /> nonconforming use or structure "shall not be enlarged but may continue at the size and in <br /> the manner of operation" existing at the time of a zoning use change. <br /> 3. That the applicants' proposed gas pump canopy is a structure as defined by <br /> Chapter 1102.02, Subdivision 105, of the Zoning Code. <br /> 4. That no exceptions are found to apply to the applicants' request. <br /> 5. That the use of the applicants' property is nonconforming in the B-2 District <br /> where the applicants' property is located and if the variance were granted it would result in <br /> substantial structural enlargement of the existing structure by creating a new structure on <br /> the property contrary to Chapter 1123. <br /> • 6. That even if the use were conforming, the applicants have not demonstrated <br /> that they would be subjected to undue hardship or practical difficulties in the use of their <br /> property. <br />