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MINUTES <br />CITY COUNCIL <br />JULY 13, 1994 <br />& CUP - Zoning Text Amendment and Conditional Use Permit for <br />SUBURBAN auto body repair in the I-P District. <br />AUTO <br />Scalze asked why Suburban Auto was considering an over <br />25% addition to their building. Scalze thought that if <br />the addition was 25% or less of the existing floor <br />area, there would be no need for the Conditional Use <br />Permit process. <br />Dennis 0'Connell, Suburban Auto Body, reported that the <br />City Planner informed him that the Text Amendment and <br />CUP process was necessary. 0'Connell stated that a few <br />years ago he met with the Planner and was informed that <br />he could add on to his building up to 250. <br />Scalze pointed out that at the hearings at which the <br />rezoning of the property was considered, O'Connell was <br />informed that he could do an addition up to 25% of the <br />size of his building. <br />The Planner stated that the ordinance allows additions <br />of up to 25% of the floor area. His concern was that <br />the use was non-conforming, and that an addition would <br />allow the expansion of a non-conforming use. The <br />Planner stated that he did not know why this was not <br />discussed at the rezoning hearing in 1988. However, as <br />he now interprets the ordinance, a zoning text <br />amendment would be necessary to allow the expansion of <br />the non-conforming use. <br />Scalze pointed out that such a text amendment would <br />allow any auto body use in the I-P District and stated <br />that she was not in favor of that. Scalze pointed out <br />that in 1988 the City gave O'Connell assurance that he <br />could add on to his building up to 25% of the floor <br />area. Scalze stated that she had difficulty telling <br />him now that he cannot do it. Rather than approve a <br />Zoning text amendment, Scalze stated that she would <br />rather allow the expansion up to 25% of the floor area <br />as the City assured O'Connell he could do in 1988. <br />Scalze pointed out that O'Connell agreed to the <br />rezoning on that basis. <br />LaValle pointed out that the City told O'Connell that <br />he had to blacktop his property and made other site <br />improvements, which he did. <br />Scalze stated that she was opposed to the text <br />14 <br />