08-23-2017 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL AUGUST 23, 2017 Mr. Jim Schwalbach, explained that 3100 Country Drive, LLC owns the property and North Heights Hardware rents space in the building, but if his hardware store did not rent space inside the 3100 Country Drive building, the Code would not allow him to use his own property for outdoor storage for the hardware store. The City Planner noted that the applicant essentially wants to be able to open up the pool of outdoor storage tenants. The Associate Planner explained that the applicant could not rent outdoor space to North Heights Hardware if they were not also renting space inside the building because the hardware store is zoned PUD. She stated that the Code only allows the property owner to rent outdoor storage space to businesses that are zoned I-1 or I -P. Keis stated that he could see doing something to fix this particular issue, but does not want to open it up to a bunch of others. Mr. Jim Schwalbach stated that he is only asking to be allowed to rent outdoor space to legitimate Little Canada businesses. Nick Schwalbach asked if the Council would be willing to consider opening it up to all business zoned districts. Keis stated he would need to discuss it first. Fischer stated that the Schwalbach's hang up is that Hardware Hanle is zoned PUD and not I-1 or I -P, and feels that could possibly be solved, but he does not want to open it up further. McGraw noted this type of situation had not come up in discussions and he agrees this situation does not make sense, but requests some time to find the best solution. Nick Schwalbach stated that the other piece they are requesting is flexibility in the amount of building leased versus amount of outdoor storage they are allowed. Keis stated that the City Code that has been in place for the last 10 years has worked with no complaints. He noted that the Code could probably be slightly amended to fix the unique situations, but does not want the Schwalbach's to expect much more than that. He does not believe the Council will get to the point that they are asking for. Discussion ensued about what action to take on the case tonight, whether to table or deny, since the Council wants to have further discussion. There was Council consensus to deny the PUD amendment application, but if code amendments are made and the applicant must go through the planning process again, they will not be charged a planning fee if they apply for a related request within six months. Jim Schwalbach stated that one tenant rents half of the building and does not need any outdoor storage, but is entitled to half of it, so he wants the flexibility to not have the inside building space percentage correlate with the outside space percentage. Torkelson stated that he would be open to loosening up this particular restriction. 6