3A Public Hearing 2012 0416 - Laserfiche WebLink

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Excerpts of the Board of Zoning Adjustments Regular Meeting Minutes January 5, 2012 Page 6 of 7 Acting Chair Houston asked Mr. Legallet to return to the microphone, and inquired when the LLC was established in relation to the closure of the leather tanning business. Mr. Legallet explained that the two were not related. His father's generation shuttered the leather tannery, he said, but he'd learned from his father and uncle about rehabilitating antiquated single -use buildings and converting them into productive, economic, affordable smaller spaces. The 97,000 - square -foot Gardco building was acquired in 2005, with the intention of turning it into 26 units, and his father and uncle primarily served as mentors and advisers. The LLC, comprised for the most part of silent, passive investors, started renting the spaces in 2007. Sole proprietors /entrepreneurs occupy the majority of the building's 2,000- square -foot spaces. One unit contains 8,000 square feet. Mr. Legallet said that as the managing member, he's the active one in the LLC, signing leases, paying bills, etc. Member Palma said that C &M Trailer received its CUP in September 2011, but Mr. McKinney had indicated being at that location nearly two years. She asked what he'd been doing until applying for the CUP. Mr. Legallet said that based on what he observed, Mr. McKinney was in the process of getting his business off the ground, but it wasn't yet active. He further explained that some of the units are rented by individuals solely to store personal effects. In response to Member Makin, Mr. Legallet said that he was aware of Mr. McKinney's intent to hold community events, because he saw the marketing material. He said, too, that "no" is his standard response to tenants who want to hold after -hours public events, and he was not aware that Mr. McKinney planned one. Acting Chair Houston asked how many parking spaces are assigned to Mr. McKinney's space. Mr. Legallet said that parking is first -come, first served, and the parking lot accommodates roughly 125 vehicles — at least whatever the code requires. Acting Chair Houston indicated that she had understood the event was expected to draw approximately 30 people, but more than 150 actually attended, which took it beyond its capacity. Member Thomas said that he doesn't recall receiving any marketing materials related to this business that involved community events. Planner Penaranda said that he doesn't remember marketing materials. It was not part of the supporting statement for C &M Trailer Rental's CUP. Member Mendieta, referring to a statement of Mr. Dillman's about Mr. McKinney's plans to hold public events, said that he has no recollection of anything being stated in regard to such events. Secretary Barros said she has no recollection of receiving marketing material and saw no mention of such within the minutes of the September 1, 2011 BZA meeting that pertain to the CUP discussion and action. Motion to closepnblic hearing Mendieta/Thomas: 6 Aye, 0 No Member Makin said aside from the gravity of the situation, the proximity of the violation to the time of the CUP approval is troubling. He could have understood a grand opening party or something of that nature. He also acknowledged that the number of things a business owner must comply with can be daunting, but it was clear what Mr. McKinney sought in his CUP application, and BZA members asked a lot of questions, including the hours of operation.