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advice of the City Attorney, and that the applicant had not offered a definition. She explained that if a • use is not specifically mentioned in the code as permitted, accessory, conditional or interim, then it is not allowed at all. Mark Harrington of Hollywood Court asked if it is T.I.E.S. intention to "ramp up" to more storage. Other than being waked up early one morning when they were getting a boat out, he has had no problem with T.I.E.S. and considers them a good neighbor. Mr. Bertz replied that TIES, at this point, has no intention of increasing the storage. They simply want to make legal what they were already doing. Mr. Harrington said, in that case, he had no objection, but if there is an increase he would ask for limits on the hours of access. Frank Meah of Hollywood Court asked about the area "D" on the map. He understood it was used last year for storage of furniture and asked if the City knew about it. City Administrator Worthington replied that the City did enforce on TIES for an illegal tenant, and they did comply. She told the Commission that the matter came to light when that tenant inquired about holding a sidewalk sale and it was found that the tenant did not have a business license and, further, that the tenant was using the space illegally. After subsequent meetings with TIES it came to light that all the space in question was being used illegally. Mr. Bertz responded that the tenant in question was licensed to do business in Roseville and used the TIES space for cold storage and a location for accepting deliveries. The business does redecorating and installs carpet.' Ms. Worthington said that it is immaterial that the tenant has a business license in Roseville. He intended to carry on retail sales in Falcon Heights, and is required to have a Falcon Heights business license to do business in the City. Mr. Meah said that TIES is a good neighbor and he is glad they are there. Hollywood Court is a small neighborhood of only eighteen houses. Last year an occupied recreational vehicle was parked at TIES. Is it TIES intention to do more of this? Mr. Bertz said that the vehicle in question was owned by a TIES employee who lives in Mora, who asked permission to park there to avoid driving back and forth to Mora. Mr. Meah also expressed concern about the gas pump on the TIES site. Mr. Bertz said the pump is used for the TIES fleet of seven cars. If they did not use it they would be required to remove the tank at a cost of $85,000; it is not for public use. The tank is tested every year and has a monitoring system installed by Harvest States, former owner of the facility. Rita Smith of Hollywood Court spoke next, noting that the neighborhood was well represented. When she first received the notice of the hearing she imagined the back parking lot would be fenced and full of stored vehicles. However, she sees that the request is to use the out buildings as they were intended. She asked if vehicles would be coming and going and if there is a time frame. Mr. Bertz said TIES had not asked for a specific interim at this stage. Also, vehicles would typically not be coming and going; they would be stored for several months at a time. Bob Skundberg of 1624 Hollywood Court wanted to back up some of the things his neighbors had said and to share their concerns. As worded, the application says "structures," which is not the same as building and could include parking lots. He repeated that TIES has been a good neighbor, but he said Hollywood Court residents have all had a "good lesson in incrementalism" from the fairgrounds" and that is why they are "gun shy" about changes. When he moved in eleven years ago, all the residents had to deal with was the State Fair. Now, there's traffic and crowds every weekend and difficult access. "We're constantly under assault," he said. He has no objection to the current use, but once you change the zoning laws you open the door to other things. Mr. Skundberg asked who would be renting the storage space. Mr. Bertz said that at present the • leases only go to TIES employees and their families and to tenants and their families, and that would be their policy. When asked about the Old Town business, he admitted the owner was a close friend City of Falcon Heights -Planning Commission Meeting of June 22, 2004 -Page 3 of 7