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4.1 at 2154 Avenue as a motor and convenience facility as recently as 2001. The owner of record is QC Energy II of Rockford, Illinois. However, since the use on the site ceased to operate for more than one year the property is classified as non-conforming use, requiring both a conditional use pennit per Section 1005,05.C6 and Section 1013 and a variance to (multiple) Section 1005 of the City Code. A abatement hearing to clean up the vacated site was held by the City Council on June 10, 2002. The site also has three ground water pollution monitoring wells, monitored by the Minnesota Department of Health, 4.2 Super America is located directly north, TCF Bank and Cheetah Auto Supply is located to the northwest; Lexington Park is located to the west; single family residential homes are located to the southwest; the Teachers Federal Credit Union and Calvary Baptist Church is located to the south; and Larson Motors is located to the east (1088 County Road B). 4.3 The 10,454 square foot parcel is located in Comprehensive Plan District 14 with a future land use designation of"B" for Business use, and is currently zoned B-3, General Business District 4.4 On May 12, 2003, the City Council continued action on two business licenses by the same applicant (a license to operate a gas station and a license to sell cigarettes and tobacco products). This continuation was necessary due to the detennination of the Community Development Staff that the subject parcel does not currently have a conditional use permit to allow fuel and ice sales, for which one is nonnally necessary, and given the discontinued use for over one year, and that variances are necessary due to the site not meeting current Code requirements such as access, setbacks, landscaping, and others. 4.5 Section 1011.01 (Definitions) reads: A non-conforming use is any use or arrangement of land or structures legally existing prior to the enactment of a Code provision prohibiting such use (Ord. 881, 6-1-81). 4.6 Section 1011.02 (Existing Structures or Uses) reads: Except where specifically limited elsewhere in this Code a non-conforming use may be continued, but may not be extended, expanded, intensified, or changed unless to a conforming use (Ord. 881,6-1-81). 4,7 Section 1011.4 (Discontinued Non-Conforming Use) reads: Whenever a non-conforming use shall have been discontinued for a period of one (1) year, it shall not return to the original or any other use which is non-conforming (Ord. 881, 6-1-81). 5.0 CONDITIONAL USE PERMIT REVIEW: PF3488 RPCA 060403 - Page 2 of 7