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Attachment B <br />of confidence that their rights and interests were being looked after by the City, not just <br />the interests and needs of commercial property owners and their allowing a <br />nonconforming use to locate there. <br />Ms. Erickson openly admitted her bias, but also noted the view from her deck directly <br />onto this property; and while not against trying it out, any zoning code changes could <br />eliminate those protections, and allow use and operation of that property under the <br />applied Interim Use guidelines. While the onus should be on the Interim Use applicant, <br />Ms. Erickson noted that the onus instead is with the adjacent property owners with City <br />staff waiting for complaints, and having no periodic monitoring of Interim Uses. Ms. <br />Erickson reiterated the neighborhood’s negative experience with Aramark, and opined <br />that it was unfair to put the onus back on the residential neighbors, requiring them to <br />report, rather than looking out for their interests as well as those of business owners. <br />Member Boguszewski clarified that the intent of this proposed amendment, and as <br />referenced by Mayor Roe in the City Council meeting minutes, it could extend the life of <br />an Interim Use even beyond twenty years on a case by case basis. <br />Bonnie Vogel, Vogel Sheetmetal Owner <br />While not having attended the September 15, 2014 meeting, Ms. Vogel asked to address <br />the Interim Use, current zoning situation, and the requirements of their bank for <br />financing. Mr. Vogel clarified that their firm was pre-approved for their loan for a <br />complete renovation of the project subject to zoning in accordance with SBA <br />requirements. Ms. Vogel opined that it was their error from the beginning in agreeing <br />with staff that in the “interim” it would serve their purpose to apply for an Interim Use <br />until the current zoning and comprehensive plan amendments were processed. Ms. <br />Vogel noted that it was subsequent action of the City Council in not approving the <br />rezoning, and their desire to look at zoning and comprehensive plan guidance for the <br />Aramark building and that area; and whether this use was good in the long-term. Ms. <br />Vogel read part of the record form that meeting discussion, with Community <br />Development Director Paul Bilotta commenting that the current zoning designation for <br />HDR was not desirable at this time either. <br />Ms. Vogel advised that their firm was looking for a new and long-term building for their <br />business, and the bank needed to assess their risk, with the market value of the building <br />directly tied to zoning of the property. As another example, Ms. Vogel noted that they <br />now own a property zoned HDR, and were led to seek an Interim use because a <br />nonconforming use property was typically appraised significantly lower than the tax <br />base, which makes a big dollar difference; and created a situation where they were <br />unable to obtain a loan on the appraised taxable value since the bank was looking at the <br />zoning value. Ms. Vogel advised that the only way the Interim Use could work for their <br />firm and satisfy the SBA loan and other private bankers she’d consulted, would be for a <br />permanent zoning change or a transferrable Interim Use, again tied to property value. <br />Ms. Vogel further clarified that the former Aramark building was not usable as is due to <br />previous damages from vandalism and an absentee landlord resulting in a burst <br />sprinkler system; and therefore was unusable without a significant investment, which <br />they were willing to do, but not if they do so within four years and subsequently find out <br />in the fifth year, when the Interim Use expires, that a new City Council chooses not to <br />renew, or neighbors decide they’re not suitable in that area and they’re told to leave or <br />vacate that use. From an investment standpoint, Ms. Vogel advised that this isn’t only <br />about their business, but as a tool for the City to take into consideration for the future. <br />At the request of Member Daire, Ms. Vogel reviewed the SBA loan term of twenty years, <br />and their unwillingness to accept anything less than a matching Interim Use term with <br /> <br />