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i <br /> Mr. Diessner replied that one of the. concerns that i-;id-Aioierlca had with <br /> the first motion was that it was tied to the co;r;p.,ny being allowed tr.) <br /> lease the entire space to only one user . Not being able to lease the <br /> space to a single user, Mid-America would be required to ask the City <br /> for an extension or some other type of consideration . tlid-America , for <br /> that reason, was not pleased with the first motion , but was ?-sappy with <br /> the second motion because it did not limit them to a single user . <br /> Co?r+missioner Hansen agreed with the explanation of the difference <br /> betNe.�!n the motions offered by Mr . Diessner . <br /> Mr . Diessner pointed out to the Council that when Mid-America <br /> recognized the Existence of a problerit from a retail traffic standpoint <br /> for an extended period of time , they im-mediately talK:cd to then City <br /> r,aiiaccr Dave Childs about the problem . They felt that they were given <br /> the type of assurance that r1r . Childs could give the;;i in his position <br /> that the City would work with 1'1id-America and not enforce the zoning <br /> requirements right away, one of the masons being the problems that the <br /> City had had with that center and promises from the o.wnor of the enter <br /> in terms of the development and expansion and enhance— Ent of that <br /> center . Mid-America ' s position is that they lid not receive the <br /> retailing enhancements that were promised to the-'-Ti as well as to the <br /> City three years ago, and that the enhancements that are being put in <br /> place now are too late for them. • <br /> Mr . Diessner further indicated that former City Manager Childs was <br /> sympathetic to the problems that Mid-America faces in terms of the <br /> losses the company has suffered because of some com-mitments both <br /> Iiid-America and the City felt had been made to them, and that from that <br /> standpoint , he understood that the City was not enforcing the zoning <br /> requirements as strictly as it might have in some other cases because <br /> there are some unique facts that relate to the tiid-America Dairymen . <br /> Commissioner Hansen reiterated that the primary concern of the <br /> Commission was not to set precedents by turning vacant space in the <br /> shopping center into warehousing space , Which would be non-conforming <br /> use . He emphasized that the Commission was being generous in a; lowing <br /> a deferment of six months because of the infrequency of truck traffic <br /> at the location . <br /> Council Me-tuber Marks stated that it appeared to him as though the <br /> actions of the Planning Commission were actually limited by state <br /> statute, and that correct interpretation of state statute would not <br /> permit a retail use and a warehouse use in the same space if the <br /> warehouse use was separate and not incidental to the retail use . City <br /> Attorney Soth agreed with Council Member Marks , and stated that the <br /> City could not grant variances or waivers. of its zoning but would <br /> have to change the zoning . <br /> Marks stated that his- understanding from the discussion was that it <br /> would not . be legal for the City to .work out another agreement after ,e <br /> six-month period was ended , and that it would be appropriate for the <br /> Council to follow the recommendations of the Planning Commission by <br /> giving Mid-America six months ' time to sublease the entire space with <br />