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Thread: In search of medium term special use permit

  1. #1
    Corn Burning Fool giff57's avatar
    Jul 1998
    On the Mother River

    In search of medium term special use permit

    Here is my deal. A big box is moving into a bigger box. They are trying to sell the old box so it retains commercial zoning. In order to recoup some of the building maintenance costs in the interim, they would like to use the old building for storage. We really want the taxable value of the new box but do not want a permanent zoning change. Currently storage is allowed in Industrial zones and not commercial ones. Our special use permits are on a 12 month cycle and the company will not spend the $800,000 without a longer term deal. Does anyone have some sort of language that allows a transitional use. The building will look commercial from the outside and have less traffic than the current store.

    “As soon as public service ceases to be the chief business of the citizens, and they would rather serve with their money than with their persons, the State is not far from its fall”
    Jean-Jacques Rousseau

  2. #2
    Cyburbian Plus dvdneal's avatar
    Jan 2009
    Remote command post at local bar
    Do you have any kind of allowance for something like commercial storage other than use permits? I'm not sure how to make the call, but it sounds like the building is still retail, or at least it will be as soon as the retailer is out. Maybe a "construction" condition of some kind or part of the approvals of the new building?

    My only other angle would be to try for an extended use permit that gives approval for more than a year, but it sounds like you already thought of that.
    I don't pretend to understand Brannigan's Law. I merely enforce it.

  3. #3
    Cyburbian Cardinal's avatar
    Aug 2001
    The Cheese State
    I would be very leery of allowing a "temporary" use in the interim. These things have a tendancy to linger. An empty building will have an incentive to lease or sell, while one with a continuing income can sit longer while the owner passes up suitable uses that may be competitive, or may be asking a little less than what they would like to receive. Other businesses in the center or in the district may also be hurt by having the storage use instead of a retail anchor, and the availability of the storage space may dissuade others from investing in similar space where it really belongs. There just seem to be too many negatives for you to make it comfortable for them to let the building sit idle instead of contribute to your community's healthy retail environment.
    Anyone want to adopt a dog?

  4. #4
    Mar 2011
    I agree with Cardinal. Would disallowing the storage use prevent the move into the bigger box? That seems unlikely but anything's possible. My opinion is that if it's allowed as storage it will remain as such for much longer than you'd like. Sticking to only the allowable uses would also give the owner more incentive to find a new buyer / tenant.

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