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<br />. <br /> <br />. <br /> <br />. <br /> <br />MOUNDS VIEW PLANNING COMMISSION <br />RESOLUTION NO. 448-96 <br /> <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br /> <br />RESOLUTION DENYING A SETBACK VARIANCE FOR FINA, 2280 COUNTY ROAD I, <br />PLANNING CASE NO. 442-96 <br /> <br />WHEREAS, Thomas Manke and Leon Theis, applicants and owners of Mounds <br />View Fina, have applied for a variance to permit the construction of a 20 feet by 40 feet <br />canopy over a gas pump island located at 2280 County Road I in the City of Mounds View; <br />and <br /> <br />WHEREAS, if the variance were granted it would permit an enlargement of the <br />existing structure which is a nonconforming use and would encroach 8 feet into the required <br />thirty foot front yard setback; and <br /> <br />WHEREAS, the Planning Commission of Mounds View met on June OS, 1996 and <br />held hearing on the requested variance; and <br /> <br />WHEREAS, the Planning Commission has heard the testimony of the applicants and <br />has considered the staff report and the written legal opinion of the City Attorney; <br /> <br />NOW, THEREFORE, the Mounds View Planning Commission makes the following <br />findings and resolves as follows: <br /> <br />1. That Chapter 1123,01 of the Mounds View Zoning Code (the "Zoning Code") <br />declares it to be the purpose of Chapter 1123 'that all nonconforming uses shall be <br />eventually brought into conformity." <br /> <br />2. That Chapter 1123.02, Subdivision 1, of the Zoning Code states that a <br />nonconforming use or structure "shall not be enlarged but may continue at the size and in <br />the manner of operation" existing at the time of a zoning use change, <br /> <br />3. That the applicants' proposed gas pump canopy is a structure as defined by <br />Chapter 1102.02, Subdivision 105, of the Zoning Code. <br /> <br />4. That no exceptions are found to apply to the applicants' request. <br /> <br />5. That the use of the applicants' property is nonconforming in the B-2 District <br />where the applicants' property is located and if the variance were granted it would result in <br />substantial structural enlargement of the existing structure by creating a new structure on <br />the property contrary to Chapter 1123, <br /> <br />6. That even if the use were conforming, the applicants have not demonstrated <br />that they would be subjected to undue hardship or practical difficulties in the use of their <br />property. <br />