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• MEMORANDUM TO: PLANNING COMMISSION FROM: JOYCE PRUITT,PLANNING ASSOCIATE DATE: March 8, 1996 SUBJECT: MOUNDS VIEW FINA,2280 WEST COUNTY ROAD I,VARIANCE FOR SIDE YARD SETBACKS,PLANNING CASE NO. 438-96 Mr.Thomas Manke,partial owner of Mounds View Fina,has made application for a variance to allow the placement of a 24'x 44'canopy atop a gas pump island located at 2280 County Road I. Currently,the gas station is classified as a legal non-conforming use within the B-2 (Limited Business District)zoning. Chapter 1104.01, Subd. 3c, requires a 30 foot minimum setback distance for all corner lots. The applicant is requesting that the canopy be allowed to be placed at a 6 foot side yard setback. The canopy will have 15 lights, and the applicant has already been informed of the Code requirement, Section, 1130.09,requiring lighting to be arranged as to deflect light away from any adjoining residential zone or from public streets. In addition,the applicant was informed that the Code requires the source of lights to be hooded or controlled in some manner so as not to light adjacent property. • The applicant is also planning on replacing the existing underground tanks and product piping,with new tanks and fiberglass piping. The Mounds View Zoning Code, Section 1123.02, Subd. 1,prohibits any structure or use lawfully existing prior to a zoning change from being enlarged,but does allow it to be continued at the size and manner of operation existing prior to the zoning change. Staff has spoken with the City Attorney to determine whether this action is considered altering or increasing the legal non conforming property. Since the Minnesota Pollution Control Agency(MPCA)is requiring the replacement of tanks, and the original number of tanks being replaced is the same, the Attorney's opinion was that this action would be one that would be permissible without having to bring the entire site up to City Code. The current island, including 4 pumps, will be removed and replaced with three separate islands holding a total of four pumps,two on each island, and a shorter third island holding garbage cans and window washing • equipment. All the asphalt will be replaced and all concrete above tanks and gasoline fueling area will be new. A new sidewalk in front of the building is planned for with appropriate handicapped ramps. The applicant also intends on replacing the existing recovery system with a new system called sparging, which should shorten the clean up time to one to two years. The plan is for the system to be put in place during the remodeling of the location. The applicants are currently having the property analyzed by Dahl &Associates to submit to the Minnesota Pollution Control Agency soil results so that the sparging system can be officially authorized for the site. All application materials submitted for this item are included for your review and consideration. If you require copies of any of the materials or have any questions,-please do not hesitate to call. For your reference, a two-thirds vote of the Planning Commissions will be required for approval of the variance request at the April 06, 1996 Regular meeting. In addition,I have provided a copy of the Municipal Code, Section 1125.02 regarding variances, for your review. •