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Attachment B <br />the loan tied to it., and not willing to take a risk if Vogel or a similar use cannot locate on <br />that property. <br />At the request of Member Cunningham, Mr. Paschke advised that an Interim Use was <br />not transferrable to someone else or if the business was sold. <br />At the request of Member Murphy, Ms. Vogel advised that their interim bridge financing <br />for the building itself, as part of the SBA loan, would be called on December 31, 2014. <br />Ms. Vogel advised that they now owned the building which they purchased at a <br />discounted cost due to significant issues with the building and property. In hindsight, <br />Ms. Vogel noted that their firm took a risk in buying the property due to variety of <br />reasons, and perhaps it was not a good choice. Ms. Vogel advised that part of the <br />building was already financed as part of the project, but SBA loans didn’t close out until <br />construction was completed, but would be subject to call pending full commitment <br />assurance. <br />Ms. Vogel stated that, could she back up the clock, she would have gone for a zoning <br />change and forced the issue, but in trying to play nice, they agreed to this Interim Use <br />route and didn’t anticipate it would take this long or that they would become involved in <br />this political quagmire. <br />City Planner Paschke <br />In an effort to clarify things, and regarding Ms. Vogel’s desire to rewind the clock, Mr. <br />Paschke clarified that the Planning Commission had reviewed and unanimously <br />approved and supported the Interim Use, as well as the parallel comprehensive plan and <br />rezoning amendments. <br />Mr. Paschke noted that all the properties north of Terrace Drive, previously guided HDR <br />in the comprehensive plan and updated zoning code adopted in 2010 had been adopted; <br />with subsequent further revisions to change that HDR guidance to Community Mixed <br />Use (CMU), which was in process along with a number of text amendments, and which <br />supported the Vogel project and requests. Based on that Planning Commission <br />recommendation and support, the applications proceeded to the City Council where they <br />had unfortunately been stalled. Up until that point, Mr. Paschke clarified that staff <br />suggesting bridging the time between Vogel’s application and approval of the <br />comprehensive plan amendment and zoning text amendment, through use of an Interim <br />Use permit awaiting support of the City Council. Mr. Paschke advised that the flavor of <br />all those discussions suggested that the Interim Use was the best way to get started <br />without further delay, and had been presented as such and in good faith to the Planning <br />Commission and City Council. Mr. Paschke advised that he could not support the <br />allegation that Vogel had received the wrong information from staff, but admitted the <br />process had proceeded in a different direction than the original intent. Mr. Paschke <br />noted that the Commission had already reviewed the steps taken by Vogel on their own <br />and tied to the broader picture. <br />However, as much as one may choose to tie the Interim Use proposed language <br />amendments to the Vogel situation, Mr. Paschke clarified that this was not the intent of <br />Community Development Director Bilotta, but that it was an attempt to allow more <br />flexibility with future applications seeking Interim Uses as a development tool. Mr. <br />Paschke noted that current Interim Use language didn’t necessarily provide a drop dead <br />date of 3 or 5 years or whatever a situation indicates and is allowed, and actually an <br />Interim Use wasn’t even considered interim under current language, Mr. Paschke <br />advised that the attempt was to broaden language to allow broader flexibility when <br /> <br />