Agenda Packets - 2004/11/22 - Laserfiche WebLink

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Station Report Nov 22, 2004 Page 8 Conforming vs. Nonconforming Use. Staff has reviewed with the owners the steps that would be required to make The Station a conforming use. The actions and approvals necessary are as follows: 1. Conditional Use Permit. If the Planning Commission and City Council felt strongly that the use should be conforming or that the property could support a gas station, the CUP would be the first step in the process. To approve the CUP however, many conditions would be necessary, some of which follow the CUP requirement. 2. Variance. It may be necessary that variance would be needed for parking, for setbacks, for lot area and for lot dimensions. Hardship would be difficult to prove however, other than the fact that the lot is very small. 3. Minor Subdivision. A minor subdivision could be initiated which could alleviate the parking problem, lot area and dimensional requirements which in turn would also improve the traffic circulation. 4. Rezoning. The property would need to be rezoned B3 to qualify for a CUP. Fuel stations are not allowed in the B2 district. 5. Comp Plan Amendment. The Comprehensive Plan would need to be amended to allow for a highway commercial use at this location rather than the neighborhood commercial use designation. 6. Development Review. The Planning Commission and City Council would need to review and approve the specific request to expand the facility from two pumps to four, considering all of the associated impacts (parking, setbacks, circulation, etc.) of the expansion Planning Commission Deliberation: The Planning Commission reviewed this request on October 6th and November 3rd. The Commission acknowledged that the use was nonconforming and that given the site constraints and other issues, an expansion would not be appropriate. Before making their recommendation, however, they did ask some questions relating to parking, zoning and the possibility of a Code amendment to specifically exclude “adding pumps” from the definition of “expansion” as it would relate to nonconforming uses. After some discussion, the Commission indicated that they did not support such a code amendment. In response to the zoning questions, staff researched other cities’ zoning codes and online resources relating to motor fuel stations. All zoning codes reviewed identified fuel stations as a conditional or special use, some with explicit and detailed conditions, others with no conditions. In comparison to communities that identify conditions and minimum requirements, Mounds View’s code requirements are not dissimilar or excessive. Staff also looked for language that would distinguish smaller gas stations (such as The Station) from other larger fuel stations (such as Holiday or SuperAmerica). It was pointed out that Mounds View’s zoning code pertaining to fuel stations was drafted at a time when fuel stations such as “The Station“ were the norm, not the exception. Regardless, staff was unable to find examples of small scale fuel station requirements distinguishable from larger multiple pump operations.