Laserfiche WebLink
• non-confor,-nance with zoning requirements , and asked Mr . Soth about the <br /> impact of this type of situation on the city . -Mr . Soth- replied that <br /> six months ' deferral is the maximum uermissible amount of time , <br /> although even that length of time might be questionable. <br /> Council Member ilakowske asked whether warehouse use fell in the light. <br /> industrial category, and Sot.h replied that that assuinntion was cc-rrect . <br /> He added that for-ter City Manager Dave Childs ' s letter to Mid-Amy*_ ica <br /> Dairyn;en indicated that , if the warehouse use was incidental to the <br /> retail use , that it could be considered to be primarily retail use . In <br /> Soth ' s understanding, however , the ratan use no lc)r,ger exists and it <br /> is , therefore , a non-conforming use . In that case- , nothing can Le done <br /> to allow Mid-America to stay other than rezoning the property to <br /> industrial use , because a variance cannot be granted. <br /> I-ir . Sot`i harrowed the issue down to the Question of how long the amity <br /> can defer Enforcement before it becomes inproper to do so . He <br /> recommended that 'Enforc,7ment not Ise deferred any longer than six <br /> months . He added that i ` the-re is one separate retail use and a <br /> different warehouse use , then It can no longrr be sail- that the retail <br /> use is part of the warehouse use . In that ccse, to a <br /> different retail use while coI;tinui.ng to T.,aiie use of the warEho-usi`ig <br /> area would be improper . <br /> • Mayor Pro Tern Ranallo asked Commissioner Hansen if the Planning <br /> Commission had had the benefit of the information and legal opin_on <br /> just presented by Messrs . Diessner and Soth they would have considered <br /> the issue differently. Hansen replied .that they wo»ld have , and said <br /> that such concerns were reflected in the May lo , 150.9 Planning <br /> Commission minutes . Those .concerns had to do with the amount , ' t pe, <br /> and frequency of deliveries taking place at .the location . Their <br /> information was that the truck traffic was limited and took place in <br /> the rear of the space rather than the front . The fact that the <br /> activity was limited, subdued , and was not an ongoing freight operation <br /> influenced the Planning Commission to recommend a six-month delay of <br /> enforcement . <br /> I•Iayor Pro Tem Ranallo asked Mr . Gammill to describe the nature of <br /> Mid-America ' s business operation when they first mover.; into tl;e Centel, , <br /> and if an3 when it had ever changed . i-ir . replied that their <br /> original business operation. was retail , and that in their estimation <br /> they have never changed from a retail to a wholesale- operation . He <br /> described the business operation as a distribution ce,;ter for their <br /> other retail stores , and stated that. the use has not changed over their <br /> term of occupancy of the space . Ile described the typical truck traffic <br /> and its purpose at the St . Anthony location as being three to five <br /> stops per week to deliver and/or load merchandise to be delivered to <br /> their other retail stores . <br /> Council Me_nber Makowske as;tied Co:T,Tnissioner Hansen to define the <br /> difference between motio;;s ,Wade on page 6 and page o of the Hay 1.6 , <br /> 1953 Planning Commission minutes by Commissioners Wagner and FriLin/.ese , <br /> respectively . <br />