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Mounds View Planning Commission October 6, 2004 Regular Meeting Page 3 ________________________________________________________________________ Director Ericson indicated the City’s Code has a section on nonconforming uses that indicates that it can be maintained and the use can continue and it can undergo cosmetic improvements but it cannot be expanded, so one question is whether adding fuel pumps is an expansion. Director Ericson reviewed the CUP requirements as listed in the Staff report and indicated there are three or four that are difficult, if not impossible, to satisfy. He then outlined them for the Commission. Director Ericson indicated Staff received a letter from one resident that is in favor of the request because there is demand for the use and she would encourage the Planning Commission to consider allowing it. He then handed out the letter to the Commission. Director Ericson indicated that the parking on the site is short but the Code does not specifically address the requirements and there is an assumption that parking is provided at the gas pumps or under the canopy but there will still need to be a minimum number of retail spots available as not everyone will be parking at the pumps. He then said that there should be 11 parking stalls to address employees and customers of the retail side. Director Ericson indicated that there are some issues with this property as it is not zoned correctly and the Comprehensive Plan says that this parcel is not highway business but the land use is. He then indicated that the nonconforming section of the Code is there with the understanding that these nonconformities will eventually be brought into conformity. Director Ericson indicated there are steps that can be taken to bring the property closer to conforming such as rezoning the property and a Comprehensive Plan amendment but the City will first need to decide if it wishes to rezone this property to B-3. Chair Stevenson asked Staff to review the process that took place last time the applicant was before the Commission for the canopy. Director Ericson explained that there were two or three variance requests regarding setbacks and the canopy and the variance requests were denied by the Commission and the findings were such that the expansion of the canopy was considered to be an expansion of a nonconforming use and was denied. He then explained that the applicant sought a Code amendment that would insert language that would permit the canopy to expand and not be considered an expansion of the nonconforming use status. Director Ericson indicated that in 1995 the adjacent building owner requested a rezone to B-3 to allow for auto repair but that rezoning request was denied because the Comprehensive Plan did not designate the area as one that would support a highway business use. Tom Manke, owner of “The Station”, indicated they bought the property in July of 1993 and ran it with four pumps and two islands until February of 1995 when they started working with the City to remodel and put up a new canopy.