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fi Planning Coimnission January 23, 197? Page 2 <br /> <br />under the condition that the pump islands remain and the gas <br />pumps be reinstalled. Tuff Kote intends to enclose the <br />pump island area with railroad ties and landscape the entire <br />area9 eliminating some parking spaces, and restricting the <br />traffic flow so that the pump islands would not be a safety <br />hazzard. Mro Bugala questioned if leaving the gas tanks <br />remaining in the ground would be in violation of the code <br />or firelaws. This would be resolved by a fire inspection <br />which is routinely done before the building permit could be <br />issued. Mr Gundy stated that the gas station was closed in <br />approxdmately May of 1978, and that as of May, 1979 after one <br />year had lapsed and the property is not used for selling gas <br />their occupancy is out. At that time the non-conforming <br />one year abandonment ordinance comes into effect and it is no <br />longer proper to operate the.;:pumps in the 50 foot set back- <br />area. Pure Oil Co, is asking that in order for Tuff-Kote <br />Dinol to obtain the lease that the pumps, pump island and <br />undergrotmd tanks remain, so that the_y can keep their variance <br />to reopen a gas station at a later date if they so desire. <br />Law Director Gareau concurred that if they abandoned use of <br />the pumps and islands for the actual sale of gas Pure Oil <br />would loose their variance to sell gas in the 50 foot set <br />baclc area. Mr. Ryan explained that the Planning Commission <br />has no authority to approve the proposal with provision <br />tliat the variance remain in force. Tuff-Kote Dinol's repre- <br />sentative tlien asked only if the Planning Cor.imission would <br />approve the plans including the pump island but excluding <br />the gas pumps. Mr. Ryan moved that the site plan for the <br />Tuff-Kote Dinol Corporation that the area that shows the potted <br />shrub area b'e extended back to include the cement islands <br />which is presently on the property and along with that any <br />kind of light fixtures or poles that are on the island be <br />removed as shown on the drawing, and that this area be land- <br />scaped as proposed by the people who have offered the plan <br />to the Commission, in regards to the railroad ties and dirt <br />filled grass area. Seconded by W. Ohman and unanimou.sly <br />app rove d. <br />IV. NEW DEVELOPEMIdT AND SUBDIVISIONS: <br />No Items. <br />V. COMMi7NICATIONS: <br />i1o I tems . <br />VIi NEW BUSINESS: <br />No Items