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• All of the above objections apply, whether the proposed use were to be interim, conditional, accessory or permitted. In addition: • The proposed use does not fit the purpose and intent of the Interim Use Permit, as defined in 9-15.08 Subdivision 1. The applicant is not presenting this as a temporary use (paragraph a), a presently acceptable use that is expected to become unacceptable or to be replaced in the future by a permitted or conditional use in the district (paragraph b), or a use in anticipation of long range change to the area (paragraph c). In consideration of all the above, Staff's recommendation was that the Planning Commission deny approval of the proposed amendment to the City Code. The public hearing was opened by the Chair. Tom Bertz, facilities manager for T.I.E.S. spoke first. He asked if he would be able to respond to questions from other speakers later if he spoke first. On being assured by the Chair that he would, he said he wished to address the Commission. He said that, as he had not been aware that Staff did not support the application, he was not prepared with answers to the findings. The issue came up in March, he said, when a tenant came to the City to get permission for a sidewalk sale. When it was found that the tenant was not using the property legally, T.I.E.S. was required by the City to cancel existing storage leases and move stored material off the site. This caused a loss of $12,000 revenue for the non-profit. Mr. Bertz distributed a site plan showing the areas that T.I.E.S. proposes to use for leased storage. All are in existing buildings, and the stored items were mostly boats, snowmobiles and some "Back to • the SOs" cars. Space was also leased to Rosetown players, who lost their former home in Roseville City Hall. He said he did not know it would be a problem to use the property for storage. Most of the site is not adjacent to a residential area. If the amendment is approved, T.I.E.S. would offer six-month contracts, October through April and April through October. There should not be a lot of additional traffic. There would be no new construction; only existing accessory structures would be used, and the use would cease when the buildings come down. There are long term plans to eliminate both the old firehouse and the pole barn, which are included in the plan for interim storage. There would be no outside storage. Mr. Bertz pointed out that the buildings were being used up until March, with no one even being aware, so the impact would be minimal. He added that Hollywood Court residents use the parking lot for access to their neighborhood, and they don't want obstruction to that. In response to a question from Commissioner Maher, Mr. Bertz said that when T.I.E.S. bought the building they knew there was more space than they needed and that they would rent space to associated organizations. He listed the present tenants, which include several organizations, such as the National Youth Leadership Council and Rosetown Players, which are headed by Falcon Heights residents. Jim Bykowski of St. Marys Avenue said he came because of the notice published in the newspaper. He thought it was vague. He asked if the City has any ordinances regulating storage and whether this amendment would allow future expansion of storage into the current parking lot. He is concerned that a future owner might turn the property into a permanent ministorage facility. • Ms. Jones replied that the City Code does not presently have any definition of leased storage (this use is not allowed in any zone at present) as differentiated from storage that is accessory to a permitted use (which is legal), that the proposed amendment was accepted verbatim from the applicant on the City of Falcon Heights -Planning Commission Meeting of June 22, 2004 -Page 2 of 7