PL MINUTES 06171986 - Laserfiche WebLink

Home Browse Search

-3- • 1 to happen, because he perceived more than a 75% change would be involved, another 2 hearing would have to be held with advance notification of the same neighbors 3- about the second issue to be addressed. The Commissioner then suggested that, 4 if the applicant were willing to compromise by moving the pumps at least four 5 feet towards the station, he, in turn, would be willing to recommend Mr.. Graff 6 be granted a 20 foot variance for the canopy. and a 10 foot variance for the 7 pumps. 8 9 The Commissioner said he perceived if Mr. Graff did as he had suggested, there 10 would be about 22 feet left between the station and the pump island and he sug- 1 1 gested it might be necessary to allow only one way traffic between the two. 12 He perceived the ordinance had been written to keep greater distance between gas 13 station pumps and the traffic and Commissioner Jones said that. was why the City 14 had not allowed Amoco to put their pumps any closer to Silver Lake Road. He 15 agreed with the applicant that there hadn't been any major accidents on that 16 corner to date but if there had been, the Commissioner said, "You would have found 17 us a lot tougher than we are now" about any variances. 18 19 Commissioner Bowerman told Mr. Graff he perceived that when a person has a piece 20 of property where the existing .structure predates an ordinance, he is allowed to 21 continue that non-conforming -,use as long as it is continued in the same fashion. 22 However, if that person elects to make substantial changes to the property, the 23 question which has to be answered is whether the change is still protected by 24 the "grandfather" clause. The Commissioner indicated there had been instances 25 in the Village several years ago where two businesses which' had -been protected by 26 the same clause had been destroyed by. a tornado and the non-conforming -;use had • 27 not been permitted to be rebuilt. Commissioner Bowerman indicated he. perceived 28 the Commission would now be requesting staff to give a legal opinion on whether 29 the station's changes would -fall within the same category. 30 31 No one else appeared to provide input to the discussion and the hearing was 32 closed at 8:07 P.M. 33 34 Motion by Commissioner Bowerman and seconded .by Commissioner Madden to table the 35 request for a change at the Murphy Service Station, 3501 - 29th Avenue N.E. , 36 pending staff opinion as to the next action required of the Commission. i 37 38 Motion carried unanimously. 39 40 At 8:08 P.M. , the hearing was opened to consider a .request from Tom Peters of the ! 41 Nationwide Sewing Machine store in the St. Anthony Shopping Center 'for. .a variance 42 from the Sign Ordinance allowance of only one sign per store which would allow 43 the proprietor of the. store to replace the existing, non-conforming, "grandfathered 44 in", 16 foot X '18 foot reader board on the southwest side of his corner store 45 witha 14 foot X 3foot 3 inch sign advertising that an "Oreck Vacuum 'Cleaner 46 Care Center" would now be operating from his store. 47 48 The notice of the hearing which the Chair read aloud had been published in the 49 June 4th Bulletin and sent to all property owners of record within 200. feet of 50- the subject property. No one present reported failure to receive the notice or 51 objected to its content and the Manager reported receiving no calls related to j 52 the variance request. • 53 54 In his June 13th memorandum, Mr. Childs had indicated- the total signage the 55 store would have if the variance for. the proposed sign were granted would be