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Baker asked if there were operating hour limits for the other gas stations in New Brighton. Teague responded he did not believe so. LP-351SP-210 Motion by Schiferl, seconded by Schopf , TO RECOMMEND APPROVAL OF AND SUBJECT ,C#13,“T TO CONDITIONS LISTED IN THE PLANNING REPORT ADDING ONDITION HE CAR WASH 7:00..10:00...”#8,“ OPERATE BETWEEN THE HOURS OF AM TO PM ONLY AND CHANGING TO READ THE .” 5 CAR WASH EXIT DOOR MUST BE CLOSED DURING THE OPERATION OF THE CAR WASH BLOWER Ayes - 0 Nays. Motion Carried. Nonconforming Use Permit, Site Plan Review, and Variance AAA Cooper Teague reviewed the planning report concerning a nonconforming use permit, site plan and variance to install a fuel facility and increase the drive-aisle width on the east side of the building to provide extra maneuvering space for trucks on the site. The subject property is located at 50 - 14th Street NW. Teague showed photos of the site. Baker asked if Teague’s recommendation was to recommend approval of the fueling station, but denial of the variance. Teague responded affirmatively. Teague said that currently the setback was 20 feet; the code allows a 20-foot setback by a Special Use Permit. Therefore, in a sense, it is conforming. To increase the setback to 10 feet, as proposed, requires a variance. Baker said that reviewing a car wash and a truck wash in the same area was unusual. Baker asked if the City Engineer had reviewed the impact both these washing facilities would have on the drainage in the area. Teague said he understood the request was just for a fueling island. Baker pointed out the plan specifies there is a truck wash. Teague said the applicant did not specify there would be a truck wash in their request. Ted Kuerschen of AAA Cooper said the plan should show a fueling station only. Kuerschen stated AAA Cooper will correct the plan. Baker stated he has a problem with the fact the proposal expands the nonconformity. The plan improves the landscaping, but it does nothing to improve the nonconformity. Baker said the trucks could drive around the back of the building. Tom Johnson, an attorney representing AAA Cooper, stated AAA Cooper has signed a purchase agreement. AAA Cooper has not decided to purchase the property. AAA Cooper intended to make certain site improvements to the property. AAA Cooper then discovered the property would be rezoned to MX, which could interfere with the improvements AAA Cooper intended to make. AAA Cooper appeared before the Planning Commission in December to ask the City to defer the effective date for the rezoning for this parcel to allow time for AAA Cooper to come the City with a site plan. The City Council suggested changes to the site plan, including putting the canopy on the south side of the maintenance garage. Currently, the property is unsightly. The applicant is prepared to change the appearance of the property dramatically. AAA Cooper is planning to spend $200,000 on the improvements, which would be consistent with New Brighton’s Comprehensive Plan. The addition would be a significant improvement to the property. The property is unique in shape, surrounded by highways on most sides. Johnson said the entrance, which is currently on 14th Avenue, would be moved to 14th Street. The entrance that goes to the employee parking lot would be moved to the east on 14th Street, making two entrances on either side of the building on 14th Street. Moving the entrances would allow the area in front of the building to become greenspace. The corner of 14th Street NW and 1st Avenue NW could become greenspace. In the future, there could be more greenspace to the west of the building. By making these improvements, AAA Cooper is trying to achieve the City’s goals of more landscaping and greenspace and allow better movement around the building. These improvements are contingent on moving the fence approximately two feet closer to 1st Avenue NW. The distance from the curbline to the fence is 24 feet 8 inches. AAA Cooper proposes to move the fence 15 feet in from the curbline. The property line is roughly 6 feet in from the curbline, or 9 feet between the property line and the new fence location. Shrubs would be put in front of the fence. Besides the 5 I:\COMMISSIONS\PLANNING\MINUTES\1999\02-16-99.WPD