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<br />Station Report <br />Nov 22, 2004 <br />Page 8 <br /> <br />Summary: <br /> <br />The owners of The Station, located at 2280 County Road I, are applying for a conditional use <br />permit. Ultimately they would like to expand the capacity of the business by two additional <br />pumps, which would not be allowed under the City’s nonconforming use code. The <br />nonconforming use provisions allow for the continuation of a legal, nonconforming use but not <br />the expansion or enlargement thereto. <br /> <br />• The Station does not have a conditional use permit <br />• The Station is not zoned properly for its use <br />• The Station does not comply with the Comprehensive Plan <br />• The Station is not a conforming use <br />• Non-conforming uses cannot be expanded <br />• The City Attorney has indicated that adding a fuel pump island would constitute an <br />expansion of a non-conforming use and therefore prohibited <br />• The City Code indicates that non-conforming uses shall eventually be brought into <br />conformity <br />• The owners have requested a conditional use permit to bring The Station into <br />conformity with the Code <br />• The Station does not satisfy the minimum conditional use permit requirements for a <br />fuel station <br /> <br />Options associated with the request: <br /> <br />• Deny the conditional use permit as it does not satisfy the minimum requirements <br />• Table the request pending receipt of additional information <br />• Conditionally approve the CUP request subject to satisfaction of ALL requirements <br />within a specified period of time, including: <br /> <br />o Lot Size <br />o Parking <br />o Setbacks <br />o Lot width <br />o Zoning <br />o Comprehensive Plan <br /> <br />Approval of a conditional use permit, however, subject to satisfaction of all <br />requirements associated with a fuel station would be problematic as it would entail <br />numerous planning requests and actions, some of which may be difficult if not <br />impossible for the applicants to satisfy. <br /> <br />Planning Commission Recommendation: <br /> <br />After extensive discussions and a public hearing on the matter, the Planning Commission <br />voted to recommend denial of the Conditional Use Permit application, citing non <br />compliance with the CUP requirements as the primary basis for denial with the <br />nonconforming status as a mitigating consideration.