2015-07-01_PC_Minutes - Laserfiche WebLink

Home

Regular Planning Commission Meeting Minutes – Wednesday, July 1, 2015 Page 9 Rustad sought to clarify that the concern of the Commission was based on them not 403 knowing who the tenant is and potential impacts. 404 Chair Boguszewski responded affirmatively. 405 Given the previous small use of J. Arthur adjacent to this site, Mr. Rustad opined that it 406 provided a good idea of what type of tenant could occupy that 1,000 square footage. 407 Recognizing concerns raised about stacking and headlights for adjacent neighbors, Mr. 408 Rustad suggested approval be restricted and limiting options. Mr. Rustad opined it 409 sounded like staff had enough built-in fail safes that not just any tenant would be 410 approved. 411 Mr. Rustad noted that, as an owner of the building since 2003, time was of the essence 412 for this, and given the history of the building as a former sporting goods operation, now 413 under ownership as a large wholesale sporting goods company operating out of 414 Memphis, TN, noted that while currently still operating from the back of the building, it 415 would be relocating. Mr. Rustad noted that the pending sale was impacting that situation 416 and causing the push to move this forward now. Mr. Rustad sought Commission approval 417 by assuring them of the applicant’s willingness to meet any future restrictions or 418 conditions, and his recognition of neighbor concerns regarding lighting and the need for 419 appropriate screening. 420 Chair Boguszewski asked Mr. Rustad what he believed was his sense of urgency in 421 having the approval in hand while seeking tenants versus reporting to them the status of 422 the drive-through Conditional Use following the property. 423 Member Murphy opined that, even if approval was delayed, with the project file open and 424 paperwork already submitted, potential approval should be a quick turnaround. 425 When doing a project this size, Mr. Rustad noted the significant amount of money being 426 expended for the facelift and making a nicer curb appeal for the building. Mr. Rustad 427 reviewed some of the planned improvements for this exterior façade; and the need to 428 present to lenders potential possibilities as part of their proforma or use for each space. 429 Mr. Rustad noted that this became personal on their part as well as financially necessary; 430 and as long as restrictions are in place and approved, opined it would provide sufficient 431 control for the City and staff to avoid tenants or uses that were not appropriate. Mr. 432 Rustad opined that previous drive-through approvals by the Commission, such as at 433 Caribou across from McDonald’s or near HarMar Mall in the past, were more at issue due 434 to the location and size versus the limited potential of this location and size. 435 At the risk of coming across irrationally, Member Bull clarified that his concerns were 436 based on many different viewpoints but centered around the unknowns – whether fulfilled 437 or not – and the uncertainty that a potential use may not address some of those 438 unknowns; of great concern to him with the Conditional Use going with the property. 439 Member Murphy noted even if granting a Conditional Use with a specific tenant, that 440 tenant could potentially change in six months, with the future not always known and 441 changing at any given point. 442 Member Bull stated that as long as protections could be guaranteed to enforce 443 restrictions, he was coming around to Member Murphy’s rationale. 444 MOTION 445 Member Murphy moved, seconded by Member Gitzen to recommend to the City 446 Council approval of the proposed drive-through as a CONDITIONAL USE at 2425 447 Rice Street; based on the comments and findings contained the project report 448 dated July 1, 2015; as conditioned in the staff report, with Condition B (line 157) 449 corrected to read “from” rather than “form;”and in line 164, Condition C be revised 450 to read: “…headlights...and light emanating from other structures on the site 451 related to drive-throughs…” 452