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4 • REQUEST FOR PLANNING COMMISSION ACTION Meeting Date: June 05, 1996 Staff Report by: Joyce Pruitt, Acting Community Development Director Planning Case 442-96 File No.: Request: The applicant is requesting a variance to allow the placement of a 20'x 40' canopy atop a gas pump island at 2280 County Road I. The applicant is requesting a variance for an eight foot encroachment into the required thirty foot front yard setback. Thus, the canopy is proposed to be placed twenty-two feet from the front yard property line. This revised plan will not be within the required thirty foot setback off County Road I and is proposed to encroach eight feet into the required thirty foot setback off Adams Street. The canopy will have ten lights, and the applicant has already been informed of the Code requirements, 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. Petitioner: Mr. Thomas Manke, partial owner of Mounds View Fina. Other partial owner of Fina: Leon Theis. Location: 2280 County Road I PIN No. 08-30-23-12- 0050 Zoning Land Use: Currently zoned as a legal nonconforming use within the B-2 (Limited Business District) zoning. Applicable Regulations: Chapter 1101.01, Subd. 3c, requires a 30-foot minimum setback distance for all corner lots. Chapter 1123.02, Subd. 1, provides for the continuance of the use of a legal nonconforming use with"Any structure or use lawfully • existing prior to zoning use change shall not be enlarged but may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified or subsequently