CC MINUTES 05231989 - Laserfiche WebLink

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• non-conformance with zoning requirements , and asked Mr . Soth about the impact of this type of situation on the city. Mr . Soth replied that six months ' deferral is the maximum permissible amount of time, although even that length of time might be questionable. Council Member Makowske asked whether warehouse use fell in the light industrial category, and Soth replied that that assumption was correct. He added that former City Manager Dave Childs ' s letter to Mid-America Dairymen indicated that , if the warehouse use was incidental to the retail use, that it could be considered to be primarily retail use . In Soth ' s understanding, however, 'the retail use no longer exists and it is , therefore, a non-conforming use . In that case, nothing can be done to.. allo.w :Mid-America= to. stay- other than rezoning the property to industrial use, because a variance cannot be granted. Mr . Soth narrowed the issue down to the question of how long the city cqn defer enforcement before it becomes improper to do so. He recommended that enforcement not be deferred any longer than six months . He added that if there is one separate retail use and a different warehouse use, then it can no longer be said that the retail use is part of the warehouse use . In that case , subletting to a different retail use while continuing to make use of the warehousing area would be improper. Mayor Pro Tem Ranallo asked Commissioner Hansen if the Planning Commission had had the benefit of the information and legal opinion just presented by Messrs . Diessner and Soth they would have considered the issue differently. Hansen replied that they would have, and said that such concerns were reflected in the May 16 , 1989 Planning Commission minutes . Those concerns had to do with the amount, type , and frequency of deliveries taking place at the location. Their information was that the truck traffic was limited and took place in the rear of the space rather than the front . The fact that the activity was limited, subdued, and was not an ongoing freight operation influenced the Planning Commission to recommend a six-month delay of enforcement . Mayor Pro Tem Ranallo asked Mr. Gammill to describe the nature of Mid-America' s business operation when they first moved into the center, and if and when it had ever changed. Mr . Gammill replied that their original business operation was retail , and that in their estimation they have never changed from a retail to a wholesale operation. He described the business operation as a distribution center for their other retail stores , and stated that the use has not changed over their term of occupancy of the space. He described the typical truck traffic and its purpose at the St . Anthony location as being three to five stops per week to deliver and/or load merchandise to be delivered to their -other retail stores . Council Member Makowske asked Commissioner Hansen to define the • difference between motions made on page 6 and page 8 of the May 16 , 1989 Planning Commission minutes by Commissioners Wagner and Franzese , respectively.