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HomeMy WebLinkAboutgr00090_000046_pg032February 13, 1978 Page 8 MSF (Pickar- Ziebarth) to approve the request of Seven - Eleven for a conditional use permit, with the following conditions, that gasoline only be sold between the hours of 6 AM and 11 PM, because the inherent fire hazard is more difficult to respond to between 11 PM and 6 AM with a volunteer fire department, that any additional signing for gasoline sales be made part of the existing pedestal sign, with no additional sign bases allowed, and parking setbacks on the south property line to conform to the residential use, indicated in the Comprehensive Plan, of the adjacent property, and that the owners provide any necessary traffic control devices or personnel necessary to prevent waiting gasoline sales customers from parking, standing or stopping on the public right -of -ways adjacent to the property, and that a development agreement be entered into that the applicant agrees that the property should become B -1 if the business should become defunct, and screen- ing along the east side of the property and the south property line, with a 6 -8' fence to meet code requirements, with additional lightin in the rear yard, and concrete curbing and sod would be required, as specified in the zoning code, Chapter 40.04, Subdivisions F and G. 5 nayes Councilmember Ziebarth explained that he had seconded the motion just to get it on the floor for discussion. Councilmember Baumgartner stated that after listening to Attorney Meyers and referr- ing back to the Comprehensive. Plan, with all the time and money spent, the area was recommended to be B -1 and even though it is currently zoned B -3, which it has been since 1959 before Silver Lake Road was even through. He also stated that the Comprehensive Plan had been approved by the Planning Commission, City Council and Metro Council and that he felt the corner was a very bad one for a gas station, with residential property on three sides and a proposed park across the street, and that it was out of character for the surrounding area. He added that the owners have not demonstrated a need other than to make money, and that he felt the useage would increase if more stations convert to self service. He also stated that only 13 parking spaces are shown on the drawing, which does not meet code requirements. Councilmember Baumgartner stated that he could not approve a conditional use permit until a traffic count was taken that would show not only present conditions but also projections for 1980 and beyond. He also stated that he was concerned with stacking problems. Councilrenber Rowley stated that she agreed with Councilmember Baumgartner's comments and added that she felt the petition of signatures of residents against the gas pumps should be taken into consideration, as well as the traffic and safety problems. Councilmember Ziebarth stated that he could not vote in favor of the permit until further studies have been done on the traffic problems. Councilmember Hodges stated that he was concerned with the traffic and safety problems, and having a proposed park across the street. He also stated that the rezoning had been done with a dairy store in mind, not a gas station. Mayor Pickar stated that he would also like to see a traffic study before taking any further action. Councilmember Baumgartner suggested that a traffic study include projections of the gas sales presently and in 1980 and 1985, and pointed out that with the 6M increase expected in self service gas facilities, the traffic would increase noteably. Councilmember Ziebarth added that he was concerned past 1980 as that was less than two years away and recommended that any studies cover through 1990.