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Home My WebLink About05-01-1996 PROCEEDINGS OF THE PLANNING COMMISSION • CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting May 1, 1996 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 The Mounds View Planning Commission was 1. Call to Order called to order by Chair Miller at 7:10 p.m. on May 1, 1996. MEMBERS PRESENT: Commissioners Obert, 2. Roll Call Johnston, Miller, Brasaemle, and Brooks. Chair Peterson and Commissioner Stevenson had excused absences. ALSO PRESENT: Acting Community Development Director Pruitt. Motion/Second: Johnston/Brasaemle to 3. Approval of Minutes: approve the minutes of April 3, 1996. April 3 and April 17, 1996 5 ayes 0 nays Motion Carried Motion/Second: Brasaemle/Johnston to approve the minutes of April 17, 1996. 5 ayes 0 nays Motion Carried There were no resident requests or comments 4. Resident Requests from the floor. and Comments It was noted that this item had been discussed 5. Consideration of in length at the April 17, 1996, Planning Resolution No. Commission meeting. 444-96 Regarding a Variance Request for for Fina, 2280 County Mounds View Planning Commission May 1, 1996 111 Regular Meeting Page 2 Motion/Second: Brasaemle/Brooks to approve Road I, Planning Resolution No. 444-96 denying the variance Case No. 438-96 request of Fina, 2280 County Road I, for a front yard setback. 5 ayes 0 nays Motion Carried Motion/Second: Johnston/Brasaemle to 6. Staff Report approved Resolution No. 447-96 recommending approval of Ordinance No. 4942 relating to motor vehicles sales and amending Title 1100, Section 1114.04 of the Mounds View Zoning Code. 5 ayes 0 nays Motion Carried Acting Chair Miller reported that members 7. Chair Report present at the April 17, 1996, agenda session • included Commissioners Miller, Johnston, Stevenson, Brasaemle, Brooks, and Chair Peterson. There being no further business before the 8. Adjournment Planning Commission, Acting Chair Miller adjourned the meeting at 7:29 p.m. Respectfully Submitted, Joyce Pruitt Acting Community Development Director • • MOUNDS VIEW PLANNING COMMISSION 0 RESOLUTION NO. 444-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A SETBACK VARIANCE FOR FINA, 2280 COUNTY ROAD I, PLANNING CASE NO. 438-96 WHEREAS, Thomas Manke and Leon Theis, applicants and owners of Mounds View Fina, have applied for a variance to permit the construction of a 24 feet by 44 feet canopy over a gas pump island located at 2280 County Road I in the City of Mounds View; and WHEREAS, if the variance were granted it would permit an enlargement of the existing structure which is a nonconforming use and would encroach 24 feet into the required thirty foot front yard setback; and WHEREAS, the Planning Commission of Mounds View met on April 17, 1996 and held hearing on the requested variance; and WHEREAS, the Planning Commission has heard the testimony of the applicants and • has considered the staff report and the written legal opinion of the City Attorney; NOW, THEREFORE, the Mounds View Planning Commission makes the following findings and resolves as follows: 1. That Chapter 1123.01 of the Mounds View Zoning Code (the "Zoning Code") declares it to be the purpose of Chapter 1123 'that all nonconforming uses shall ife eventually brought into conformity." 2. That Chapter 1123.02, Subdivision 1, of the Zoning Code states that a nonconforming use or structure "shall not be enlarged but may continue at the size and in the manner of operation" existing at the time of a zoning use change. 3. That the applicants' proposed gas pump canopy is a structure as defined by Chapter 1102.02, Subdivision 105, of the Zoning Code. 4. That no exceptions are found to apply to the applicants' request. 5. That the use of the applicants' property is nonconforming in the B-2 District where the applicants' property is located and if the variance were granted it would result in substantial structural enlargement of the existing structure by creating a new structure on the property contrary to Chapter 1123. • 6. That even if the use were conforming, the applicants have not demonstrated that they would be subjected to undue hardship or practical difficulties in the use of their property. • RESOLUTION NO. 444-96 • PLANNING CASE NO. 438-96 PAGE TWO OF TWO Based upon these findings, the applicant's request is hereby denied. BE IT FINALLY RESOLVED that the Planning Commission directs Staff to forward this resolution to the City Council prior to apporval of the minutes. Adopted this 1st day of May, 1996. ATTEST: Chairp son (SEAL) 'r c_c__. it Acting o unity Development Director 1110 4 • • MOUNDS VIEW PLANNING COMMISSION III RESOLUTION NO. 447-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING ORDINANCE NO. 581, AN ORDINANCE RELATING TO MOTOR VEHICLE SALES AND AMENDING TITLE 1100, SECTION 1114.04 OF THE MOUNDS VIEW ZONING CODE WHEREAS, Ordinance No. 570 regulating New and Used Automobile Dealerships was approved by the City Council January 8, 1996; and WHEREAS, motor vehicle and recreation equipment sales and garages accessory thereto as a permitted use was not stricken from the Municipal Code for B-3 districts; and WHEREAS, the definition of new and used automobile sales is not defined by the Municipal Code and has been replaced with motor vehicle and recreation equipment sales and garages thereto; and III WHEREAS, motor vehicle and recreation equipment sales and garages accessory thereto are now a conditional use in B-3 Zoning Districts; and NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission recommends to the City Council the adoption of Ordinance No. 581, an ordinance relating to motor vehicle sales and amending Title 1100, Section *114.04 of the Mounds View Zoning Code. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 1st day of May, 1996. ATTEST: Chairper n (SEAL) ) Qd� / 111 Acting`Community Development Director