05-01-1996 - Laserfiche WebLink

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Mounds View Planning Commission April 17, 1996 • Special Meeting Page 2 Attorney Long discussed Section 1123.02 of the Municipal Code which cites the intent of the Chapter that all nonconforming uses shall be eventually brought into conformity, and believes it to be a proper and justifiable interpretation that would be totally upheld. Chair Peterson requested that the applicant restate his reason for requesting the variance. The applicants, Tom Manke and Leon Theis, were present. Mr. Manke informed the Commission that the main reason for this request was that they want to upgrade the property and make it look nicer. He indicated that the property is run down and, without the sparging system, will continue to be run down. He also stressed that it is dark in this area and dangerous at night. He is afraid of a crime, such as robbery occurring. He stressed that this a hardship for him, his employees, and the customers without the canopy. He also indicated that they want to spend $250,000 to make it look nice like all of the other stations with canopies which have been allowed. .He indicated that without the canopy, it gives them a disadvantage. Chair Peterson stated that in terms of the Commission and the issue of the non-conforming use, it is the general consensus that the Commission, as a body, is in charge of bringing non-conforming uses back into conforming uses, as time permits, rather than encouraging greater non-conforming uses on the property. For that reason, by allowing expanded use of the property by means of allowing a new structure would make it much more difficult to bring the property into conformity. Commissioner Stevenson reminded the Commission that the property is not zoned for a gas station, and therefore, is a nonconforming • use, and to allow a canopy only increases the nonconformity.