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Item No: 5B Meeting Date: April 4, 2007 Type of Business: Action City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Minor Subdivision and Conditional Use Permit for the Property located at 2280 County Rd I: Planning Cases: MI2007-001 and CU2007-002 Introduction: The applicant, Moundsview Fina, LTD, represented by owners Leon Theis and Tom Manke, own the property and gas station at 2280 County Road I, commonly known as “The Station.” There are now only two planning requests to bring the current gas station into conformance with the City Code: a minor subdivision to combine adjacent properties with 2280 County Road I, and a Conditional Use Permit to allow a gas station in a B-2 district. Background: The Station was built in 1959 as “Gulf” and currently exists as a legal nonconforming use. The property owners would like to add two additional fuel pumps to the site and expand the current canopy to cover both sets of pumps. By doing this, the nonconforming use would be expanded. The City Code allows the existing nonconformance to continue, but not be expanded upon. This application involves planning requests, which if approved, would bring the gas station into total code compliance and allow them to add the additional fuel pumps. In 1996, the owners requested a variance to install two canopies over the four existing fuel pumps. Both variance requests were denied, as they constituted an enlargement of a nonconforming use. Subsequent to the variance denial, the owners requested and the Council approved an amendment to the City Code which excluded canopies from the enlargement restrictions, thus enabling the owners to install the canopy as desired. During the time of canopy construction, two of the original four pumps were removed. In 2004, the applicants wanted to reinstall the two fuel pumps and applied for a conditional use permit as the first step toward making the fuel station a conforming use. The CUP was denied due to not meeting the minimum CUP requirements for a gas station and the nonconforming status. Currently The Station is located on a 9,562 square foot lot (134.67’ x 71’) and there is no record of a Conditional Use Permit. In order for a gas station to be a conforming use, it must meet the following requirements: a minimum lot size of 22,500 square feet with lot dimensions of at least 130’ x 150’ and a conditional use permit to allow a gas station. The Station owners have signed a purchase agreement to buy neighboring property to the south which would bring their lot size to 24,395 square feet with dimensions of approximately 134’ x 187’.