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164 <br />Special Council Meeting <br />10/5/92 <br />Page Two <br />Mr. Panzica said he just assumed.when he got the property he would use it for that use right now <br />and then in five years after the sewers come down, then he would see what they will do with the <br />property. Mr. Panzica said he is the only one that has a sepric system that meets the code. Of all <br />the people who have called him about that property, he felt Fish Furniture would be the logical <br />one. He thought it would be best for the community but now he sees it is causing problems and he <br />didn't know he was asking for a variance; because he thought it fell into that classificarion.He feels <br />he could put manufacturing in there, but that warehouse production would be quiet and low key. <br />Mr. Panzica said maybe he did not give enough information to people. <br />Mr. Rinker said they are sensitive to how that area is being developed. The feeling of Council was <br />to consider a Special Use Permit with conditions that would not be unduly burdensome but would <br />reflect the concerns voiced in Planning and Zoning. Our concern was to put conditions on that we <br />thought were realistic and give us a measuring stick as to how activity would progress there. <br />Mr. Ferrante said it is not a"Special Use Permit" according to Mr. Diemert, it wOUld be a <br />lvariance to be granted. <br /> <br />Mr. Diemert conf'umed that it would be a variance that would be granted. Mr. lliemert said he has <br />looked through boxes of litigation and it is very clear, and the courts have upheld the zoning is for <br />office laboratory use. He said Mr. Panzica probably has a letter from the previous Law Director <br />sta.ting he can continue using it for office-laboratory because the zoning goes with the land and not <br />with the property owner. Mr. Diemert said what he is asking for is warehousiiag which is a <br />different zoning disirict. All warehousing must be in a warehousing district which is production- <br />distriburion. T'he building portion of the property is located in office laboratory and this is why it <br />is getting confusing. <br />Mr. Panzica asked about a portion of the rear of the building. <br />Mr. Diemert said there is a corner of the building that dces go into production-distribution. The <br />court ruled that that could be used as office-laboratory. <br />Mr. Fixler asked Mr. Panzica if he is aware of a couple of the conditions that the Fire Chief would <br />like to see happen in that building. <br />Mr. Panzica said yes, he received the letter today and cited several points. He said no matter who <br />went in there, he would bring it up to code. <br />Mr. Rinker asked if Chief Mohr felt what he addressed in writing covered everything; did he have <br />anything to add. <br />Chief Mohr said Mr. Panzica is a man of his word; if he states he will bring the Uuilding up to <br />code, I trust him. . <br />Mr. Rinker said he would like to go around to each person on Council. He said they are talking <br />about differentiating the type of use that is allowed and the type that is being requested. The <br />variance is between two different types of commercial uses. He thinks Council needs to be <br />sensitive to the request being made.