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Regular Planning CommissionMeeting Minutes –Wednesday, October 8, 2014 Page 15 Bonnie Vogel, Vogel Sheetmetal Owner 714 While not having attended the September 15, 2014 meeting, Ms. Vogel asked to address 715 the Interim Use, current zoning situation, and the requirements of their bank forfinancing. 716 Mr. Vogel clarified that their firm was pre-approved for their loan for a complete 717 renovation of the project subject to zoning in accordance with SBA requirements.Ms. 718 Vogel opined that it was their error from the beginning in agreeing with staff that in the 719 “interim” it would serve their purpose to apply for an Interim Use until the current zoning 720 and comprehensive plan amendments were processed.Ms. Vogel noted that it was 721 subsequent action of the City Council in not approving the rezoning, and their desire to 722 look at zoning and comprehensive plan guidance for the Aramark building and that area; 723 and whether this use was good in the long-term.Ms. Vogel read part of the record form 724 that meeting discussion, with Community Development Director Paul Bilotta commenting 725 that the current zoning designation for HDR was not desirable at this time either. 726 Ms. Vogel advised that their firm was looking for a new and long-term building for their 727 business, and the bank needed to assess their risk, with the market value of the building 728 directly tied to zoning of the property.As another example, Ms. Vogel noted that they now 729 own a property zoned HDR, and were led to seek an Interim use because a 730 nonconforming use property was typically appraised significantly lower than the tax base, 731 which makes a big dollar difference; and created a situation where they were unable to 732 obtain a loan on the appraised taxable value since the bank was looking at the zoning 733 value.Ms. Vogel advised that the only way the Interim Use could work for their firm and 734 satisfy the SBA loan and other private bankers she’d consulted, would be for a 735 permanent zoning change or a transferrable Interim Use, again tied to property value. 736 Ms. Vogel further clarified that the former Aramark building was not usable as is due to 737 previous damages from vandalism and an absentee landlord resulting in a burst sprinkler 738 system; and therefore was unusable without a significant investment, which they were 739 willing to do, but not if they do so within four years and subsequently find out in the fifth 740 year, when the Interim Use expires, that a new City Council chooses not to renew, or 741 neighbors decide they’re not suitable in that area and they’re told to leave or vacate that 742 use.From an investment standpoint, Ms. Vogel advised that this isn’t only about their 743 business, but as a tool for the City to take into consideration for thefuture. 744 At the request of Member Daire, Ms. Vogel reviewed the SBA loan term of twenty years, 745 and their unwillingness to accept anything less than a matching Interim Use term with the 746 loan tied to it., and not willing to take a risk if Vogel or a similar use cannot locate on that 747 property. 748 At the request of Member Cunningham, Mr. Paschke advised that an Interim Use was not 749 transferrable to someone else or if the business was sold. 750 At the request of Member Murphy, Ms. Vogel advised that their interim bridge financing 751 for the building itself, as part of the SBA loan, would be called on December 31, 2014. 752 Ms. Vogel advised that they now owned the building which they purchased at a 753 discounted cost due to significant issues with the building and property.In hindsight, Ms. 754 Vogel noted that their firm took a risk in buying the property due to variety of reasons, 755 and perhaps it was not a good choice.Ms. Vogel advised that part of the building was 756 already financed as part of the project, but SBA loans didn’t close out until construction 757 was completed, but would be subject to call pending full commitment assurance. 758 Ms. Vogel stated that, could she back up the clock, she would have gone for a zoning 759 change and forced the issue, but in trying to play nice, they agreed to this Interim Use 760 route and didn’t anticipate it would take this long or that they would become involved in 761 this political quagmire. 762 City Planner Paschke 763 In an effort to clarify things, and regarding Ms. Vogel’s desire to rewind the clock, Mr. 764 Paschke clarified that the Planning Commission had reviewed and unanimously 765 approved and supported the Interim Use, as well as the parallel comprehensive plan and 766 rezoning amendments. 767