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Thomson stated a variance does go with the land, but the Planning Commission has the latitude to interpret it in either fashion. For instance, the land could have a reasonable use even if it makes the use of a particular building somewhat more limited. Or the Commission would have the latitude to take both the land and the building into account. Baker stated this is a public hearing and asked if anyone in the audience wanted to speak on the issue. Johnson stated that, in a Court of Appeals decision, the court said that the definition of undue hardship is showing that the property owner would like to use the property in a reasonable manner that the ordinance has prohibited. AAA Cooper proposes to use the property in a reasonable manner, much more reasonable than having the fence in a place where trucks will always damage it. That would comply with the Court of Appeals’ definition of an undue hardship. Kuerschen reviewed AAA Cooper’s proposal. Baker asked about the proposed location of employee parking. Kuerschen said there is some parking by the office now. Kuerschen pointed out where the office employees park. Kuerschen showed the proposed areas for parking. Baker asked about the location of the handicap parking. Kuerschen said they would like direction from the Commission. Baker stated his understanding of Kuerschen’s description of the proposed parking was that putting two truck driveways would eliminate all of the potential employee parking by the building. Why not put a truck driveway off 1st Avenue NW? Kuerschen responded that he would have to think about Baker’s suggestion. Baker stated that his point was that there is a use for that area, although it may not be compatible with larger trailers. That is a disadvantage of using the existing building. To say that the trailers are longer and will not fit on the site does not constitute a hardship. There is a use for the building. Shorter trailers can be parked on the east side and longer trailers can be parked on the west side. Therefore, there is no hardship. Baker said the Commission needs more information to make a decision. The errors on the print need to be corrected and the landscaping needs to be shown on the print. Schiferl said he agreed with Baker. The Commission should have a complete site plan on which to base its decision. Baker said locating the handicap parking on the hill is not acceptable. Johnson stated that the issue is that the MX zoning goes into effect March 1. Our concern is the effect the zoning would have on the possibility of making any of these changes. Johnson asked the City Planner or the City Attorney to address that issue. Thomson said she understood the property would be included in the rezoning change effective March 1. The issue is how the MX zoning would change the performance standards for the property. Thomson stated she did not know the answer to that question. Teague said that, as of March 1, the use itself becomes nonconforming. Under the current zoning, the Planning Commission can grant the Type IV Nonconforming Use. As of March 1, it becomes a Type II Nonconforming Use. That would mean the current use is not allowed and the Planning Commission could not grant a nonconforming use permit. Whether the effective date of the rezoning could be changed would have to be determined by legal counsel. Thomson responded the City would have to adopt an ordinance, assuming the ordinance that will take effect March 1 has been published. Locke stated the Planning Commission can recommend approval or denial of any or all of the actions being considered this evening. The Council could decide whether to approve or deny the requests. In the interim between this meeting and the City Council meeting, AAA Cooper could respond to the issues raised tonight. If the Planning Commission continues the hearing, the MX zoning would go into effect before the Council would have an opportunity to approve or deny the request. Or the Commission could continue the public 7 I:\COMMISSIONS\PLANNING\MINUTES\1999\02-16-99.WPD