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HomeMy WebLinkAbout11-03-2004 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 3, 2004 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m., November 3, 2004. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Miller, Stevenson, Scotch, Hegland, Zwirn, and Meehlhause Members Absent: None. Also Present: Community Development Director Ericson and Planner Prososki ________________________________________________________________________ Index to Minutes Page Planning Case CU2004-005 Consideration of CUP for “The Station” 2280 County Road I 2 _____________________________________________________________________________ 3. Approve Minutes a. October 6, 2004 MOTION/SECOND: Miller/Zwirn. To Approve the Planning Commission Minutes for October 6, 2004 as Presented. Ayes – 6 Nays – 0 Motion carried. ______________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ Mounds View Planning Commission November 3, 2004 Regular Meeting Page 2 ________________________________________________________________________ 5. Planning Case CU2004-005 CUP 2280 County Road I “The Station” Community Development Director Ericson indicated that the applicants have requested approval of a Conditional Use Permit for The Station at 2280 County Road I. He then reminded the Commission that The Station is an existing nonconforming use as the property is not zoned properly and, even if it were zoned properly, it does not have a conditional use permit and currently does not satisfy the area and dimensional requirements for this type of use. Director Ericson indicated that the owners of The Station would like to expand the use by adding two more fuel dispensing stations. He then said that this matter was discussed at the October 6, 2004 meeting and Staff was asked to conduct research into the issue and determine whether it may be appropriate to make an amendment to the City’s Code to differentiate between large and small fueling stations. Director Ericson indicated that he conducted the requested research and was unable to find any other cities that differentiate between small and large fueling stations. He then said that there are concerns with the size of the lot and that there are congestion issues on the site. He further commented that he contacted someone in the fuel station industry for an unbiased opinion and was told that the additional fuel dispensing stations probably would not bring in further customers, as a fueling station’s customer base is rather definite and this person felt that the additional fueling stations probably would not add to the congestion and may, possibly, alleviate some existing congestion at the site. Director Ericson summarized for the Commission the list of issues with this request including the fact that The Station does not have a CUP, it is not zoned properly for its use, it does not comply with the Comprehensive Plan, it is not a conforming use, non-conforming uses cannot be expanded, the City Attorney has indicated that adding fuel stations would constitute an expansion of a non-conforming use and therefore it is prohibited, the City Code indicates that non-conforming uses shall eventually be brought into conformity, the owners have requested a conditional use permit to bring The Station into conformity with the Code, and The Station does not satisfy the minimum requirements of a fuel station. Director Ericson reviewed the Commission’s options which include recommending denial of the CUP as it does not satisfy the minimum requirements, recommending denial of the expansion of The Station’s request to add two fuel stations, recommending denial of the CUP, yet recommend the applicants’ request a Code amendment, conditionally recommend approval of the CUP request subject to satisfaction of all requirements within a specified time period, including: lot size, parking, setbacks, lot width, zoning, Comprehensive Plan. Director Ericson indicated that Staff recommends approval of a resolution recommending denial and not because Staff has anything against the Station but, based on City Code and the recommendation of the City Attorney, that this would constitute a violation in that an expansion of a nonconforming use is not allowed. Chair Stevenson asked Staff to review the findings of fact listed in the Resolution of denial. Mounds View Planning Commission November 3, 2004 Regular Meeting Page 3 ________________________________________________________________________ Director Ericson read them for the Commission. Chair Stevenson indicated that the Commission looked specifically at this property and considered it nonconforming at the time the Comprehensive Plan was reviewed and amended and chose not to change the Comprehensive Plan for this property as the City did not feel a fueling station would be appropriate at this location in the future. Tom Manke, co-owner of “The Station”, indicated that they are trying to satisfy the needs of their existing customers and they feel this would make things better not worse. He then clarified that they are not asking for two more pumps but two more fueling positions to service their 650 to 750 customers per day, 300 of whom purchase gas. Commissioner Miller asked if there would be a way to increase the size of the property. Mr. Manke stated not at this time. Chair Stevenson indicated that the options would be denial or changing the Code. Commissioner Miller indicated she does not see an expansion of the canopy as the same type of thing as an expansion of fueling nozzles. Commissioner Hegland indicated that he feels that this request is clearly an expansion. Commissioner Miller commented that the site seems particularly crowded when delivery trucks are at the location. Mr. Manke indicated that they are trying to accommodate morning drive and night drive customers as that is the busy time. He then said that deliveries are to be daytime or after hours for gasoline and groceries during the off peak mid day hours. Director Ericson indicated that with the recommendation of denial the Commission has the opportunity to state whether it feels a Code amendment would be supportable. Chair Stevenson indicated that the Commission does not support a recommendation of a Code amendment. MOTION/SECOND: Zwirn/Hegland. To Approve Resolution 775-04, a Resolution Recommending Denial of a Conditional Use Permit to Allow for a Motor Fuel Station at 2280 County Road I. Ayes – 6 Nays – 0 Motion carried. Director Ericson indicated this would be on Council’s November 22, 2004 meeting agenda. ______________________________________________________________________________ Mounds View Planning Commission November 3, 2004 Regular Meeting Page 4 ________________________________________________________________________ 6. Next Planning Commission Meeting: November 17, 2004 ______________________________________________________________________________ 7. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:27 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Jim Ericson Community Development Director Transcribed by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc.