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March 15, 1977 <br />NEW BRIGHTON - BOARD OF REVIEW <br />1. VN-169, NC-15 and LP-40. Falcon Oil Co. <br />PROPOSED FINDINGS <br />VN-169 was previously denied by Planning Commission. It has been <br />returned by Council for consideration of new information and the <br />possibility of moving, the pump islands. <br />The new information.concerning`moving the pumps is <br />set out on pages 9-10 of the memorandum of applicant's <br />counsel. It says that the pumps could only be moved <br />8 feet and that the cost would be $10,500. A copy of <br />the cost estimate is no- included. The estimated cost <br />involves onlyone of four possible options, but it is <br />probably the preferable option and the least expensive. <br />It would not put the canopy within the 30 foot set <br />back requirement, but it would reduce the requested' <br />variance by 500. <br />The cost of moving the pumps 8 feet is $10,500. <br />The cost does not appear to be great in relation to <br />the value of the property and the cost of the canopy ` <br />materials, excluding the cost of installation of the <br />canopy. In any event, such costs are not related to <br />the unique character of the land, they are related to <br />applicant's individual situation. <br />It is also stated that the $10,500 cost is _a hard- <br />ship in view of applicant's declining business. There <br />is no information concerning applicant's financial <br />condition, the decline in its business or the reasons <br />therefore, but these factors are unique to applicant <br />and not the the land, except as it may relate to the <br />.need for a canopy. <br />There is no evidence that the value of the land <br />will be impaired without the canopy or that a canopy <br />is essential to the operation of a service station. <br />To thee`contrary, applicant has operated eight years <br />without a canopy and most service stations in New <br />Brighton do not have canopies. The only protection <br />afforded by a canopy is from precipitation. Precipi- <br />tation has not been a serious weather problem since <br />applicant converted to a self-service station. The <br />stated decline in its business, while not shown, may- <br />be due to other and different reasons than the lack of <br />a canopy.