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• Mr . Diessner replied that one of the concerns that Mid-America had with <br /> the first motion was that it was tied to the company being allowed to <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. Mid-America, for <br /> that reason, was not pleased with the first motion, but was happy with <br /> the second motion because it did not limit them to a single user. <br /> Commissioner Hansen agreed with the explanation of the difference <br /> between the motions offered by Mr. Diessner . <br /> Mr . Diessner pointed out to the Council that when Mid-America <br /> - recognized the .existence of a problem from a_ retail traffic standpoint <br /> for an extended period of time, they immediately talked to then City <br /> Manager Dave Childs about the problem. They felt that they were given <br /> the type of assurance that Mr . Childs could give them in his position <br /> that the City would work with Mid-America and not enforce the zoning <br /> requirements right away, one of the reasons being the problems that the <br /> City had had with that center and promises from the owner of the center <br /> in terms of the development and expansion and enhancement of that <br /> center . Mid-America ' s position is that they did not receive. the <br /> retailing enhancements that were promised to them 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 /> iMr . 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 commitments both <br /> Mid-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 Mid-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 allowing <br /> a deferment of six months because of the infrequency of truck traffic <br /> at the location. <br /> Council Member 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 own 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 the <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 />