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Falcon Oil -7- manner is not the same as increasing the cost to a point that deprives the applicant or the use of his property. 0. The Merrian Park case cited by applicant is distinguishable_ In that case, the land could not be developed for any purpose without the requested variances and the intended use was compatible with the requirements of the ordinances from which variances were sought. Here the applicant is not deprived of the use of his land He is using it and the problems are related to cost trade offs and competition. The proposed canopy will conflict with the the asthestics which are to be promoted by the setback requirements. Vote on the motion - 3 ayes - 0 nayes - carried Mr. Snow noted that the Planning Commission might want to relay additional input to the Council considering this application. Chairman Brown stated that Falcon Oil had indicated that moving the pump islands was not an option they considered feasible. Mr. Snow stated that Falcon Oil would like to be able to move the pump islands but that tizey cannot. Commissioner Anderson noted that the route for moving the pump islands has apparently been closed out as Falcon Oil is also apparently not in the position to commit addition funds for this project. Commissioner Anderson stated that further comment on this matter would appear not to be necessary. Mr. Ahlberg asked the Planning'Commission that if there were forced to move the pump islands, what they would be acceptable in terms of the number of feet the pump islands would have to be moved. Councilman Hardt noted that the feeling on the Council was apparently that a .lesser variance `may be more acceptable, and that the Council may ,'Iike,:to see if this is also acceptable to the Planning Commission. Commissioner Medved stated that he felt to reduce the variance by eight feet by moving the pump islands, Maybe significant in'terms of the percentage of the variance but `questioned whether.it would be significant in terms Of-its effect.