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Regular City Council Meeting AND Board of Adjustments and Appeals Monday,July 16,2012 Page 45 Extension of Meeting Curfew Member Willmus noted that the meeting had originally been extended to 10:40 p.m., and given the time now, suggested the meeting be extended to the conclusion of this issue. Willmus moved, Johnson seconded to extend meeting further to conclusion of this matter Roll Call Ayes: Johnson; Pust; McGehee; Willmus; and Roe. Nays: None. Member Pust suggested framing up the issues as follows: 1) Does the Zoning Code allow retail? 2) Does the Zoning Code allow big box retail? 3) Is there a conflict between the Comprehensive Plan and the Zoning Code? 4) If there is a conflict, which way does it go? Chair Roe suggested that the question is does the Zoning Code permit retail in the CUM Dis- trict. Member Pust noted that, personally, she saw no basis for finding that it does not allow retail, therefore her rationale in splitting the question. As a non-Councilmember at the time and having sat through discussions regarding business zoning districts and their differentiations, Member McGehee opined that it did include retail, but in a different format. Chair Roe lead discussion specific to whether the Zoning Code permitted big box retail. Directing her comments to City Attorney Gaughan for his response, Member Pust opined that the important point is whether operation of the proposed Wal-Mart on this parcel was a permit- ted use under current zoning code, not whether there was a conflict between the Zoning Code and Comprehensive Plan. Therefore, Member Pust opined that, if the Board wished to frame up their findings on retail, she didn't think a motion on each one was necessary. Member Willmus, in that context and previous legal opinion of the City Attorney, opined that this proposal was consistent with CMU zoning designation and the Comprehensive Plan, For that reason, Member Willmus opined that the use was not precluded; with it not stating any- where in the Zoning Code that such a use is prohibited, and when looking through the Chart, it was clear that it would be a permitted use. Chair Roe clarified that Member Willmus was primarily relying on the Zoning Code chart; to which Member Willmus responded affirmatively.