PL MINUTES 05161989 - Laserfiche WebLink

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1 Planning Commission Recommendation •2 Motion by Wagner, seconded by Brownell to recommend the Council grant 3 a six month delay of enforcement of conditions which staff two years 4 ago interpreted to allow a combination of uses for the purpose of 5 allowing the leaseholder the opportunity of subleasing the entire 9,377 6 square feet of space to a tenant or tenants as per Option B of the 7 Acting City Manager's May 12, 1989 memorandum on the issue. 8 Before the vote was taken, the following objections to the action which 9 was being proposed were voiced: 10 Rod Johnson, Eberhardt Manager of the St. Anthony Shopping Center, it indicated he perceived that by delaying the enforcement of the 12 conditions for the life of Mid-America's lease, the City would be 13 guaranteeing that Mid-America would continue to use the 9, 377 square 14 feet of space in the back of their store as a distribution center for 15 which they would have to keep on paying rent which the center needs to 16 finance the improvements the owner is making on the center now. He said 17 if no single tenant is found for all 9,377 square feet in six months, 18 the City would be limiting the revenue potential for the center. 19 Commissioner Wagner said that wasn't what he was trying to do with his 20 motion, but he had felt impelled to word the motion in the manner he had 21 done because he perceived by allowing a different owner in the retail 22 space, the City would be establishing a warehouse use in the back which 23 the City Ordinance does not permit in a commercial zone. The 4 Commissioner said he thought the only reason the City Manager had 5 allowed the retail/warehouse/storage combination in 1987 had been 26 because the warehouse/storage operation had been so closely tied in 27 with the retail, which no longer operating. He confirmed for the 28 Chair's benefit that the purpose of his motion had been to give Mid- 29 America six months to look for the a conforming tenant to sublease the 30 space for the two and a half years remaining on Mid-America's lease. 31 He indicated he expected that after the six months have elapsed and if 32 no subtenant for both front and back is found, no operation of a 33 warehouse separate from the retail would be allowed because without the 34 retail the City would be allowing the continuance of a use which is not 35 allowed in a commercially zoned district. 36 Mr. Diessnire interjected that he wished he would have known that the 37 Commissioners were going to take action like that because he thought 38 they should realize just how serious the impact would be on his company. 39 The Attorney said he had not been present for the initial meetings 40 between Mr. Childs and Mid-America representatives, but during his and 41 Mr. Gammill's recent meeting with the City Manager before he left St. 42 Anthony, Mr. Childs had told them he did not view the delay in 43 enforcement as a problem as long as Mid-America was only asking for an 44 extension of the enforcement and not a variance or other change relating 45 to circumstances which are unique to Mid-America because of the 46 conditions under which the store had been operating since they went in 47 the center. Mr. Diessnire reported Mr. Childs had never indicated to 0 6