Cenex Petroleum, Inc., is proposing to remove the existing building and build a Cenex ZipTrip Convenience Store at 1201 Central Avenue on Lot 1, Block 2 and Lots 1 – 4, Block 7, and adjacent vacated 15 feet of Plainview Street, being generally on the north side of Central Avenue, west of 12th Street West. The owner of the property is the Cenex Petroleum, Inc., 5500 Cenex drive, Inver Grove Heights, Minnesota, 55077. 

Cenex is seeking a variance from the Site Development Ordinance, Section 6-1203(r), which prohibits customer access to alleys from commercial sites that abut a residential zone.

BMCC Section 6-1203(r) reads as follows:

Limited access through the alley: Customer access via an alley to any commercial use on a lot which is adjacent to an alley which abuts an "R" zone shall not be permitted over that alley.

The Council may:

• Approve the variance allowing a customer access through the alley.  If the variance request is approved, access to new Cenex ZipTrip Convenience Store from the alley will be provided. The alley will be paved from the west end starting at Plainview Street and continuing to the east ending at 12th Street West at the expense of the Cenex Petroleum, Inc. , development.  There will be no direct costs to the City or property owners on the north side of the alley for the alley paving. Long-term costs to the City are indeterminate. A paved alley will save the costs of periodically blading and maintaining a gravel alley. A paved alley results in higher surface restoration costs whenever it is excavated to repair or replace underground utilities (sanitary sewer, natural gas, etc.).
• Not approve the variance allowing a customer access through the alley.   If the variance request is denied, Cenex Petroleum, Inc., development will have to close off all access to the alley from the site. The alley would not be paved. Access by customers and the service and delivery vehicles may be slightly more difficult.

There is no direct financial impact to the City associated with this variance.

Cenex Petroleum, Inc., is proposing to remove the existing building and build a Cenex ZipTrip Convenience Store at 1201 Central Avenue on Lot 1, Block 2 and Lots 1 – 4, Block 7, and adjacent vacated 15 feet of Plainview Street, being generally on the north side of Central Avenue, west of 12th Street West. The owner of the property is the Cenex Petroleum, Inc., 5500 Cenex drive, Inver Grove Heights, Minnesota, 55077.  Cenex is seeking a variance from the Site Development Ordinance, Section 6-1203(r), which prohibits customer access to alleys from commercial sites that abut a residential zone.

BMCC Section 6-1203(r) reads as follows:

Limited access through the alley: Customer access via an alley to any commercial use on a lot which is adjacent to an alley which abuts an "R" zone shall not be permitted over that alley.

The applicant has requested this variance to allow customer access through the alley. It is anticipated that some delivery and service vehicles may use the alley access as it will allow them better access. The site will have one access directly on Central Avenue, one access on Plainview Street, alley access from Plainview Street, and a joint alley access from 12th Street West.

The City has consistently required Commercial developments to pave the alley when it is being used for customer access.

The developer has been in contact with the four residential property owners to the north and has included Statements of Support from three in the application.  The Statements discuss the accessing and paving of the of the alley as well as constructing and maintaining a privacy fence along the south property line of residential properties. Cenex currently is working on an agreement with the fourth property owner.