05-01-1996 - Laserfiche WebLink

Home Browse Search

• Planning Case No. 438-96 Staff Report for May 01, 1996 Planning Commission Agenda Meeting Page Two of Three 2. Site Plan 3. Resolution No. 444-96 4. Letter dated April 25, 1996 from Attorney Bob Long regarding proposed Planning Commission Resolution and findings in Planning Case File No. 438-96 5. Letter dated April 12, 1996 from Attorney Bob Long regarding legal opinion for application of Nonconforming Use and Hardship Standards Relating to the Request to Construct a Gasoline Pump Canopy Requiring a 24-foot setback Variance 6. Application 7. Letter requesting canopy from applicants, Tom Manke & Leon Theis 8. Letter from Dahl & Associates dated February 28, 1996 9. Letter from Dahl &Associates dated March 6, 1996 Background: At the April 17, 1996 Planning Commission Meeting City Attorney Bob Long provided a legal opinion on this case. As you may recall, Attorney Bob Long supported the Planning • Commission taking a strict interpretation of Chapter 1123 of the Code, thereby denying this application. Denial was based on findings that adding a significant new structure, such as the gasoline pump canopy, would be an enlargement of the existing structure or use on the site and would thus be prohibited under Section 1123.02, Subd. 1, of the City Code. Furthermore, the intent of Chapter 1123 is listed as "the intent of this chapter that all nonconforming uses shall be eventually brought into conformity." It the Attorney's opinion that by allowing new structures to be built in connection with a nonconforming use, it is more difficult to bring the nonconforming use into conformity and may create some • difficulty in the future in making a distinction as to which types of new structures can be built on a nonconforming use property and which types of new structures cannot be built • on a nonconforming use property.