HomeMy WebLinkAbout90-169 - ADMIN Resolution - City Council - 1990/11/19RESOLUTION NO. 90-169
RESOLUTION OF FINDINGS REGARDING THE REQUEST OF ROGERS
PETROLEUM FOR AN INTERPRETATION OF SECTIONS 14-104(77) AND
14-156(5) OF THE ZONING ORDINANCE RELATIVE TO AN INCIDENTAL
CAR WASH LOCATED IN THE B-2, GENERAL BUSINESS DISTRICT,
AT 5420-5430 MINNETONKA BOULEVARD.
BE IT RESOLVED BY THE CITY OF ST. LOUIS PARK, MINNESOTA:
Findings
1. On March 19, 1990, the City of St. Louis Park, Minnesota received an application
from Rogers Petroleum for a special permit to amend their existing special permit to
allow an incidental car wash for property located within a B-2, General
Business District, at 5420-5430 Minnetonka Boulevard. The application was
denied by the Director of Inspectional Services on the basis that:
a. The proposed use was not an incidental car wash because the
proposal was to place the entire operation in a separate building on
the property which is not part of the operation of the motor fuel
station.
b. The operation of the car wash is clearly not incidental to the motor
fuel station, but rather appears to be another principal use on the
site.
c. The car wash, as proposed, does not consist of one bay of a motor fuel
station.
2. On September 19, 1990, a request was filed by Miller & Williams, LTD on
behalf of Rogers Petroleum to appeal the decision by the Director of
Inspectional Services to deny the requested incidental car wash.
3. On September 27, 1990, The Board of Zoning Appeals reviewed the request to appeal
the denial and passed a motion that the City Council interpret in favor of the
applicant on a vote of 3-1.
4. On October 15, 1990, the City Council reviewed the request and set a public
hearing for November 5, 1990 on a vote of 6-0.
5. On November 5, 1990, a public hearing was held and, based on the evidence
adduced at the hearing, the Council determined that the site is presently
used as a motor fuel station as the present use complies with the definition
of a motor fuel station. The Ordinance defines a motor fuel station as "a
place where gasoline, kerosene or any other motor fuel or lubricating oil or
grease for operating motor vehicles is offered for sale to the public and
deliveries are made directly into motor vehicles". The Council further
determined that the proposed use is incidental to the service station as it is
intended to be used by gasoline purchasers and that car washes will be
offered free or at reduced prices to those who fill their tanks with gasoline.
Based upon the foregoing, the City Council passed a motion on a vote 5-0
authorizing preparation of a resolution concurring with the
recommendation of the Board of Zoning Appeals.
CONCLUSION
Based upon the findings set forth above, the Council concludes that the subject
property is a service station within the meaning of the Ordinance and the
proposed car wash is incidental to the motor fuel station.
Adopted by the City Council November 19, 1990
ATTEST:
Reviewed for administration:
GI/. (- /,>/)!.01.
City Manager
90-65-INT:RES3
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Approved as tolorm and execution: