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Mounds View Planning Commission November 3, 2004 <br />Regular Meeting Page 2 <br />________________________________________________________________________ <br /> <br />5. Planning Case CU2004-005 CUP 2280 County Road I “The Station” <br /> <br />Community Development Director Ericson indicated that the applicants have requested approval <br />of a Conditional Use Permit for The Station at 2280 County Road I. He then reminded the <br />Commission that The Station is an existing nonconforming use as the property is not zoned <br />properly and, even if it were zoned properly, it does not have a conditional use permit and <br />currently does not satisfy the area and dimensional requirements for this type of use. <br /> <br />Director Ericson indicated that the owners of The Station would like to expand the use by adding <br />two more fuel dispensing stations. He then said that this matter was discussed at the October 6, <br />2004 meeting and Staff was asked to conduct research into the issue and determine whether it <br />may be appropriate to make an amendment to the City’s Code to differentiate between large and <br />small fueling stations. <br /> <br />Director Ericson indicated that he conducted the requested research and was unable to find any <br />other cities that differentiate between small and large fueling stations. He then said that there are <br />concerns with the size of the lot and that there are congestion issues on the site. He further <br />commented that he contacted someone in the fuel station industry for an unbiased opinion and <br />was told that the additional fuel dispensing stations probably would not bring in further <br />customers, as a fueling station’s customer base is rather definite and this person felt that the <br />additional fueling stations probably would not add to the congestion and may, possibly, alleviate <br />some existing congestion at the site. <br /> <br />Director Ericson summarized for the Commission the list of issues with this request including the <br />fact that The Station does not have a CUP, it is not zoned properly for its use, it does not comply <br />with the Comprehensive Plan, it is not a conforming use, non-conforming uses cannot be <br />expanded, the City Attorney has indicated that adding fuel stations would constitute an <br />expansion of a non-conforming use and therefore it is prohibited, the City Code indicates that <br />non-conforming uses shall eventually be brought into conformity, the owners have requested a <br />conditional use permit to bring The Station into conformity with the Code, and The Station does <br />not satisfy the minimum requirements of a fuel station. <br /> <br />Director Ericson reviewed the Commission’s options which include recommending denial of the <br />CUP as it does not satisfy the minimum requirements, recommending denial of the expansion of <br />The Station’s request to add two fuel stations, recommending denial of the CUP, yet recommend <br />the applicants’ request a Code amendment, conditionally recommend approval of the CUP <br />request subject to satisfaction of all requirements within a specified time period, including: lot <br />size, parking, setbacks, lot width, zoning, Comprehensive Plan. <br /> <br />Director Ericson indicated that Staff recommends approval of a resolution recommending denial <br />and not because Staff has anything against the Station but, based on City Code and the <br />recommendation of the City Attorney, that this would constitute a violation in that an expansion <br />of a nonconforming use is not allowed. <br /> <br />Chair Stevenson asked Staff to review the findings of fact listed in the Resolution of denial.