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of his who needed the space. Mr. Skundberg reiterated that TIES has been a good neighbor and he • didn't see any objection as long as there are no changes. Judy Baldwin, Hollywood Court resident, said that the neighborhood was particularly vulnerable when Harvest States left and the property was vacant for three years. They hoped to find a good neighbor, and TIES had been that. Rita Smith spoke again, saying that she favored the interim use on a trial basis for a year. She supports the company's educational mission and suggested a coffee shop on the site. Mr. Bertz said this has been considered but he doesn't know if it would be allowed.Z Jim Bykowski returned to the podium to say that, if the Commission chooses to override the Staff s recommendation, it is the Commission's responsibility to develop ordinances defining and regulating leased storage as an ongoing business in the City, what that means and what would be acceptable. We have a very small business community and we want to support them, but, he said, that does not mean we can let businesses define how they use their space and how we live in our neighborhoods. He challenged the Commission to write the ordinances for this use before they offer this use or make any agreement with TIES. Ms. Worthington responded that storage is not addressed in the code because it is not a legal use anywhere in the City. She stressed that if a use is not listed, it is prohibited. City Attorney Jamnik confirmed this. What the TIES owner seeks to do tonight is to establish this as an interim use in the B-3 zone. It would be tightly defined, and then an interim use permit would be required that would even further confine and describe the particular use being requested. Only the amendment to allow the potential use is under consideration tonight, not the actual permit. Ms. Worthington added that . when TIES purchased the property the City had a comprehensive discussion with them about what uses are legal on the site and had requested that TIES keep the City informed about its lessees to make sure their uses of the site were legal. Until now they had done so. The City had been thorough in informing TIES what is legal on their property. Commissioner Ziebarth asked how many vehicles were being stored. Mr. Bertz said that in Garage A (see map attached) there was one vehicle in summer, three in winter. In the fire barn there is space for ten; in the last two years, typically, 5 or 6 have been stored there, winter only. In area A, there is only winter storage, room for 7 vehicles; this past year was the time it was used. The pole barn has never been used for storage, but there is room for four vehicles. In response to a question from Commissioner Lageson, Mr. Bertz confirmed that TIES owns the blacktop area south of the buildings in question. Mr. Lageson also asked what constitutes "family members," in application of the above stated rental policy. Mr. Bertz said "immediate family," but he is not sure how far that would spread out, but in practice it would be, for instance, staff and their immediate household. Commissioner Harris reminded the Commission and audience that TIES has not actually made an application, so the question of who could rent is not under consideration at this time. Only the code amendment as stated is being considered. Mr. Bertz offered as a change to the proposed amendment that the name TIES be inserted so the amendment would be the only allow this use in existing TIES buildings. Councilmember Lindstrom then asked if the amendment could be written to apply only to the TIES property. Commissioner • Ziebarth said that this would create a "subzone" for that property and would be a much larger task than an amendment. Commissioner Harris pointed out that TIES has no intention of this use being temporary, and Mr. Bertz affirmed that. He said that his discussion with the City led him to feel that City of Falcon Heights -Planning Commission Meeting of June 22, 2004 -Page 4 of 7