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Mounds View City Council December 12, 1988 Regular Meeting Page Two Mr. Deissner stated he understands this is a gray area of the Code, whether the use would be appropriate to B -2 or B -3, and while they would restrict the tenant to the requirements of B -2, they would also like to apply for rezoning to B -3 to eliminate any potential problems. He added the dealership cannot wait for the approval process and if they must go normal procedures, they will go elsewhere. Mayor Linke explained he works with Mr. Deissner on a day to day basis at Kraus Anderson, so he would be backing away from the discussions at this time. Clerk /Administrator Pauley advised they have indi- cated to Kraus Anderson Development and Realty that the City has a zoning code that is common to most municipalities, in that if a use is not listed, it is prohibited. He referred to Chapter 40.17 of the City Code, and explained that none of the uses for this type of business are listed there, under B -2 zoning, but they are included in Chapter 40.18 (8) 7, which is B -3. Thus, it is Staff's position that the Code does not allow this use in B-2 and he would recommend that Kraus Anderson request a rezoning of the entire project, which would take 60 -120 days. He added that Staff recommends no waiver be given, as even on a temporary basis, it would weaken the zoning code. He has consulted with both of the City's attorneys, and they concur with Staff. Councilmember Hankner stated she could not find anything in the Code that would allow for this to be permitted and she read from various sections of the Code. She added it would be prohibited under B -2 zoning. Mr. Deissner pointed out that half the tenants in the plaza were not listed uses to start with. Councilmember Hankner explained they were allowed in after the appropriate changes wLre made to the zoning code. Mr. Deissner stated they d� not have time for that process. He added there would be a benefit to the City of having this new tenant come in. Councilmember Wuori stated the Council could look at changing the zoning to B -3, and have Staff give them a report at the next agenda session, at which time they could discuss it. She stated that until that time, not much could be done.