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Minutes of the Regular Meeting of Council <br />Monday, June 18, 2012 <br />Page 7 <br />something and the tenant saying I have all kinds of proof that they were supposed to do <br />something. There's a leasing agent saying, here's the 25 page contract that he signed and it says <br />that he can't do any of the stuff that he is asking to do. <br />Council President Buckholtz asked, who typically gets the Occupancy Permit, the building <br />owner or the business owner? <br />Mr. Marrelli replied, typically it's the building owner. Let's say you are a lawyer and you are <br />going to move into a space. They fill out an application saying that the lawyer is going to move <br />into this space, come and do your inspection and let us know everything's up to Code, zoning- <br />wise, exit lights - <br />Council President Buckholtz asked, before I move in? <br />Mr. Marrelli replied, before you move in. The tentative date of occupancy would be, let's say, <br />August 1St. That stufFis all done way in advance. That's the preparation to move somebody in. <br />In this case, this gentleman was in there from February. We found him in May. Now, he's trying <br />to get approvals from us in June. Of course the landlord wants the approvals because they have a <br />contract. <br />Council President Buckholtz asked, he's akeady collected rent? <br />Mr. Marrelli replied, for a few months. He also has made some improvements on the office <br />space and showroom. It's not cheap to build out a showroom. <br />Mr. Marquardt stated, but the landlord is the one that should have come for the Occupancy <br />Pernut. They totally avoided the thing. <br />Council President Buckholtz asked, what was the general concensus on P&Z in terms of granting <br />or recommending? <br />Mr. Marquardt replied, P&Z went with the write up that said that they had to correct a11 these <br />things. It was a somewhat reluctant vote. After the meeting, there was some post-meeting <br />discussion where I think there was more reluctance than was reflected in the vote. <br />Mr. Marrelli clarified, the conditions that the Planning Comrnission put on the occupant were <br />basically requiring the occupant to be invisible to the public as a sales operation. No outdoor <br />signs. No trucks parked outside. No open signs in the window. Nothing other thanan <br />advertised address sign. In other words, if somebody goes on the internet and sees the pools and <br />spas and they say, can I actually see one, they can go to the showroom and look at one and if <br />they decide to buy, let's say, an accessory for their pool like a filter or chlorine, this gentleman <br />wanted permission to be.able to sell to the public at that level. He said, if somebody comes in to <br />look at a spa and they end up buying a ladder, do I have to tell them they can't buy the ladder, <br />that they have to go back home and do it on the internet? The Planning Commission basically <br />said, as long as it doesn't look like retail, as long as there's no advertising in retail, if you sell