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King's Cove Fuel System <br />April 7,1999 <br />Page 2 <br />Code section 9.34 would allow an underground tank or a dikfid above-ground tank <br />as near as 30' to the lake (this seems to be in conflict with zoning code) <br />Locating an above-ground tank at a location 75' from the lake would make it difficult to fuel new <br />boats in the water. Hoses would have to be stretched across the parking lot, which would be <br />hazardous and is not advisable. We need to determine whether it is feasible to have a temj>orary <br />above-ground tank remote from the dispensing point using underground piping. <br />Issues for Discussion/Further Investigation <br />1. <br />2. <br />3. <br />Why does the Code disallow above-ground tanks in certain zones? Is this an aesthetic issue <br />or is it for technical reasons due to safety or environmental concerns? Staff has not had a <br />chance to review City files related to this code section. <br />Absent a code revision, staff would have to deny this request, as well as a recent proposal <br />by Lakeside Marina to replace their underground tanks with an above-ground system. <br />In the King's Cove situation, continued fueling via tank trucks probably poses more <br />environmental risks than an above-ground tank. <br />Review Process <br />Since the B-2 District standards require all building permits to be reviewed by Council, this request <br />could be subject to the commercial site plan review process, even though it is applied for as a <br />'mechanical permit'. Council may refer this to Planning Commission, or may choose to review it <br />without Planning Commission input. <br />The proposal as presented involves zoning code issues (Chapter 10), and variances may ultimately <br />be required; there are also Fire Protection and Prevention issues (Chapter 9, Section 9.34) which are <br />outside the scope of zoning. <br />Given these issues, it may be most appropriate for this request to be referred to Planning <br />Conunission for review, and direct staff to review City policies regarding fuel systems. Input from <br />the Fire Marshal would also be requested. <br />COUNCIL ACTION REQUESTED <br />1. Refer this application to Planning Commission for Commercial Site Plan review. <br />2. Direct staff to investigate the issue of above-ground vs below-ground tanks for use in marina <br />settings.