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Item No: 10 B Meeting Date: Nov 22, 2004 Type of Business: Council Business Administrator Review: _________ City of Mounds View Staff Report To: Mounds View City Council From: James Ericson, Community Development Director Item Title/Subject: Public Hearing and Consideration of a Conditional Use Permit application for “The Station” Located at 2280 County Road I Introduction: Tom Manke and Leon Theis, owners of “The Station” located at 2280 County Road I, are applying for a Conditional Use Permit as the first step toward making their fuel station a conforming use. Constructed in 1959 the year after the City incorporated, “The Station,” as it is now called, is a non-conforming use in that it is not zoned properly. Even if it were zoned properly, it does not have a conditional use permit and currently does not satisfy the area and dimensional requirements for such a use. The owners would like to expand the use by adding two more fuel dispensing stations. Discussion: Mounds View City Code addresses Non-conforming uses in Chapter 1123, Nonconforming Buildings, Uses and Structures. (A copy of this Chapter is attached for your easy reference.) The Code indicates that a nonconforming use may continue and may be improved so as to enhance livability however a nonconforming use may not otherwise be altered or expanded. The City Attorney has provided an opinion indicating that adding a pump island at The Station would constitute an expansion and thus would not be allowed. In a letter to co-owner Leon Theis dated August 17, 2004, it was communicated that The Station is a nonconforming use and that any request to expand the use would need to first seek to resolve the nonconformity. The stated purpose of the City’s nonconforming use requirements appear in Chapter 1123 as follows: It is the purpose of this Chapter to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. The Zoning Code establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this Chapter that all nonconforming uses shall be eventually brought into conformity.