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Mounds View Planning Commission June 5, 1996 <br /> • Regular Meeting Page 2 <br /> of Fina are requesting a variance to allow the <br /> placement of a 20'x40' canopy atop a gas pump <br /> island, which would be an 8' encroachment of <br /> the 30' required setback, at 2280 County Road <br /> I. Acting Director Pruitt noted that since the <br /> staff report was written, Staff has consulted with <br /> Attorney Long and if the Planning Commission <br /> feels it is appropriate to have a canopy on the <br /> site of a property zoned as a legal non- <br /> conforming use, then the Planning Commission <br /> may wish to consider an amendment to the <br /> Municipal Code, specifically Chapter 1123 <br /> entitled, "Nonconforming Building, Use and <br /> Structures" to exclude canopies as an <br /> enlargement of a legal nonconforming use <br /> property. Acting Director Pruitt reminded the <br /> Commission that the previous variance request, <br /> which was denied by the Planning Commission <br /> and the City.Council, proposed a 24'x44' <br /> • canopy which would encroach 24' into the <br /> required 30' setback. She also noted that <br /> Attorney Long supported the Planning <br /> Commission taking a strict interpretation of <br /> Chapter 1123, thereby denying the previous <br /> variance application based on findings that <br /> adding a new structure, such as the gasoline <br /> pump canopy, would be an enlargement of the <br /> existing structure or use on the site and would <br /> thus be prohibited. <br /> Acting Director Pruitt conveyed to the Planning <br /> Commission that if they would recommend such <br /> an amendment then it would be necessary to <br /> consider the variance request. She also noted <br /> that approving the variance without the Code <br /> amendment may create several unintended <br /> negative impacts. <br /> (Commissioner Brasaemle arrived at 7:07 p.m. <br /> and Commissioner Obert arrived at 7:09 p.m.) <br /> • <br />