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<br />I <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Minutes of the Arden Hills Special Council Meeting, 1-30-91 <br />Page 2 <br /> <br />INTERIM USE (Cont'd) 3. Due to the 1lUlltiple components of the operation, none <br />of which is a principal use, special action =uld be <br />taken to allow the use as a permitted ''mixed-use facility". 'lb.e present ordinance <br />does not discuss such 1lUllti-use, single tenant situations, however, Section V,C <br />of the Zoning Code includes a provision that allows a recarmnendation fram <br />Planning Conunission to Council to determine whether = not a proposed use falls <br />within a permitted use and/= special use category. <br /> <br />4. Allow as a Continuation of the Previous Principal User - ''Mayflower Moving and <br />storage". The previous use became a nonconforIlliD3" use when the property was <br />rezoned fram 1-2 to B-2. If a nonconfonning use is rli<:r'f"\ntinued f= a one-year <br />period, it shall not be allowed to start up again unless it confOJ::1llS to <br />regulations; Mayflower occupied the premises until May 31, 1990, therefore, a <br />continuation of a smlar use would be permitted pri= to May 31, 1991. <br /> <br />The Planner reported that he discussed the above options with Attorney John <br />Miller, an associate of City Attorney Jerry Filla, and Miller indicated options <br />#3 or #4 would be acceptable for Council consideration. Miller also indicated he <br />preferred option #3, which is addressed in the zoning Code urrler Section V,C. <br /> <br />Bergly advised he toured the facilities this ~y currently leases in New <br />Brighton and was inqJressed with the operation; it is apparent Zeos has out grown <br />the facilities and needs additional space and parking to aCCOllll\lOdate employees. <br />'lb.e Planner explained the operation is less intense than the normal warehousing <br />uses; it appears to be more of an office type setting. <br /> <br />Representatives fram Zeos International, James streicker and Bill Barkley, and <br />property owner Scott Roberts were present to answer any questions. <br /> <br />Councilmember Mahowald questioned the rationale for expediting this request and <br />not following the normal procedures. <br /> <br />Bill Barkley explained the ~y need for additional space and centralization <br />of inventory to meet the growing denand for the product. He explained the <br />Lexington Avenue facility has two tenants and the property owner preferred to <br />allow some time for notification to the existing tenants that their lease will <br />not be renewed and time to find relocation facilities. <br /> <br />Mayor Sather advised that the Planning Commission would normally review such <br />requests, however, the regular Planning meeting scheduled for February was <br />cancelled. He note:i that Council has the final authority to role on Planning <br />recarmnendations and although it has always been consensus of Council that it is <br />not preferable to bypass the Conunission, Council has occasionally taken those <br />responsibilities. <br /> <br />eouncilmember Mahowald expressed concern that a precedent will be set which <br />allows applicants to bypass the regular process of review by Planning Commission <br />and that all aspects of the long tenn irrpact of this decision have not been fully <br />reviewed by staff and Council. He also stated there does not appear to sufficient <br />rationale to make an exception fram the review process. <br /> <br />eouncilmember Malone agreed with processing requests through the proper <br />procedures, however, he note:i in this instance the review is f= a tenant to <br />occupy a existing building, not a developer proposing to construct a new facility <br />with a nonconforIlliD3" use. <br />