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performing maintenance and repairs in a portion of the building, as well as loads of freight <br />413 <br />being dropped off at the site for pick-up at a later date. <br />414 <br />Member Murphy asked Mr. Buss to define what they considered to be their primary use <br />415 <br />of the property. <br />416 <br />Mr. Buss responded “motor freight terminal” as his interpretation of a truck transportation <br />417 <br />terminal. <br />418 <br />Chair Boguszewski clarified that Mr. Buss, et al was not suggesting their principle use <br />419 <br />would change, but that they would be seeking to improve their parking area because they <br />420 <br />felt it had been inadvertently excluded as a category when the 2010 code was adopted, <br />421 <br />and needed correction in order to allow Mr. Buss’s firm to make improvements on site. <br />422 <br />Ms. Diehm concurred, noting otherwise it would place their property into the legal, <br />423 <br />nonconforming use category. <br />424 <br />Displaying an aerial photo, Mr. Paschke identified the three buildings on the site. <br />425 <br />Mr. Buss referenced the proposed language in lines 71-72 of the staff report, excepting <br />426 <br />outdoor trailer storage between a principal building and adjacent public street. With their <br />427 <br />firm proposing paving that yard and berms for screening, Mr. Buss asked if the berms <br />428 <br />and retention pond were provided, would that area still classify as parking between the <br />429 <br />building and street based on the layout of the buildings on site and their consideration of <br />430 <br />the primary building. <br />431 <br />Ms. Diehm suggested if the building shown on the far west of the parcel was deemed as <br />432 <br />the principle building, it would allow for no parking of trailers across that entire side of the <br />433 <br />property. <br />434 <br />Member Murphy noted this Commission wasn’t often asked to interpret city code, and <br />435 <br />suggested staff was in a better position to do so prior to coming before this body with <br />436 <br />recommended code amendments. Member Murphy asked if Mr. Buss had presented <br />437 <br />these additional requested changes to city staff, since they had not been brought forward <br />438 <br />by staff to this body as such. Member Murphy stated he was loath to consider text <br />439 <br />amendments without adequate time and that actual language in writing before him to <br />440 <br />consider what was actually being proposed. Member Murphy stated he was open to <br />441 <br />considering the request, but opined it should go through staff for vetting and their analysis <br />442 <br />prior to consideration and recommendation by the Commission. <br />443 <br />Ms. Diehm advised that they had received the staff report earlier today and talked to Mr. <br />444 <br />Buss about it, suggesting a definition change was prudent, but admitted it had not been <br />445 <br />discussed with Mr. Paschke earlier. However, Ms. Diehm reiterated that her client’s only <br />446 <br />request was a condition as part of the proposal, that no parking be allowed between the <br />447 <br />principle building and adjacent street, and whether that was an appropriate condition <br />448 <br />under a Conditional Use versus minimum standards. Ms. Diehm reiterated that she and <br />449 <br />her client recognized that this proposed text applied to all properties in the district, but <br />450 <br />opined that their unique parcel should serve to highlight why that proposed text could <br />451 <br />become an issue in the future. <br />452 <br />In his interpretation of condition “a” (lines 72-73) of the staff report, Member Gitzen <br />453 <br />opined the intent seemed to be in addressing the area between the front of the principle <br />454 <br />building and adjacent street. <br />455 <br />Mr. Paschke reviewed staff’s interpretation, and in this specific example and site, noted <br />456 <br />they considered the whole building and its principle use as a motor freight terminal; and <br />457 <br />the reality being that the condition is tied to that principle use and outdoor storage not <br />458 <br />allowed except in the side yard area but not adjacent to the building. Whether or not that <br />459 <br />was deemed agreeable in this particular instance, Mr. Paschke advised that was up to <br />460 <br />the discretion of the Commission, whether to support it as a condition, as criteria, or as <br />461 <br />negotiated. From staff’s perspective, Mr. Paschke advised that as he had instructed this <br />462 <br />applicant, the setback would apply as he had previously stated, with trailer storage <br />463 <br />allowed up to the required setback, but not in the front yard; with that trailer activity <br />464 <br />allowed in the front yard, but not specifically for trailer storage. Mr. Paschke opined that <br />465 <br /> <br />