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1111 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. Following the last Planning Commission meeting,I asked Interim City Administrator, Paul Harrington, about the two concerns raised by the Commission. Mr.Harrington does not feel the canopy should be classified as a separate structure since many other gas stations within the City have these types of canopies over their gas pumps. Regarding the storm water runoff issue,Mr.Harrington did not feel that a water runoff plan would be required since the proposed area for the canopy is impervious surface currently. He felt that the canopy and gutter system for the canopy may actually improve the flow of runoff rather than create runoff problems. • Chapter 1104.01, Subd. 3c, requires a 330-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 has been informed the Municipal 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 to replace 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 nereasing the legal iron confirming 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 four 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. Resolution No. 444-96 has been prepared for your review and consideration. 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.