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business would like to do. Commissioner Ziebarth added that a code applies generally; it is difficult • to limit it to a specific case. There are other strategies for a business to generate revenue within that site, but coming up with those is not the task of the Planning Commission. In response to a questions from Commissioner Heideman, the City Attorney said that to restrict this use to this particular property a new subzone would be required with its own uses defined, and pulling out exceptions like this could violate the comprehensive plan. Heideman raised the precedent of the gun shop and adult business exceptions in the code. Worthington affirmed that these exceptions were "carved out" by a State mandate, and that is not the case here. Harris summed up her objections to the amendment: fragmentation of the comprehensive plan for the benefit of one business, security issues, costs to the City. Mr. DeLeo asked noted that basement storage is allowed as a conditional use in B-3. He says he doesn't see the harm in allowing use of the space that it was built for. Attorney Jamnik informed the Commission of the history of the interim use permit legislation in Minnesota as giving a durational limit on what is, in effect, a conditional use permit. Commissioner Ziebarth asked Staff if an interim use is designed to be temporary until, say a building is torn down, or if it is a trial. Ms. Worthington said that the Farmer's Market was instituted as an interim use so the City would have the option of terminating or changing the use if the Market created problems for the neighborhood: it was atry-out. Commissioner Heideman said that when the comprehensive plan was adopted in 1991, Harvest States was still in the building and had a much greater impact on traffic and the surrounding neighborhoods than TIES will ever have. The property is unique; she is not sure the conditions that would allow storage their could be duplicated anywhere else in the City. She does not know how to reconcile this with the comprehensive plan and the security issues. Ziebarth says she reconciles it by asking what • are the benefits, what are the risks, who gains, what is the cost? Harris asked if TIES could let the space be used without charging. Worthington answered that it is the use that is at question, not the revenue; the use was still be illegal. Heideman asked how these same concerns were addressed when Harvest States occupied the property. Worthington replied that Harvest States' use of the space was accessory to their primary business -storage of their vehicle fleet, etc. The City's concern is that there would be no way to know what the lessees are storing on a day to day basis. The frequent inspection necessary would be a burden to the city. She agreed that Harvest States could have stored hazardous materials there without the knowledge of the City. Commissioner Ryan moved that the application be denied, Lageson seconded. The motion passed, 5 in favor, 2 opposed. This could be included as part of the Commission's ongoing review of the zoning ordinance Commissioner Ziebarth moved that the Commission look at the question of leased storage space in detail at some future time. DeLeo seconded. Motion passed. INFORMATION AND ANNOUNCEMENTS Councilmember Lindstrom gave the Commission an update on the ordinance on cars for sale. The Council did pass the ordinance with one modification. Larpenteur was taken off the list of streets named. The reason is because Larpenteur provides the only parking for apartments along the only piece of Larpenteur where parking is allowed. City of Falcon Heights -Planning Commission Meeting of June 22, 2004 -Page 6 of 7