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TO: Mayor John Laesch
FROM: Planning and Zoning Commission
DATE: December 4, 2025
SUBJECT:
A Resolution Approving a of a Moratorium Hardship Appeal to allow construction of a warehouse on property located at 2695 W. Sullivan Road (Mary Lynn LLC - 25-0976 / SG12/2-25.379-MISC - TV - Ward 5)
PURPOSE:
The Petitioner, Mary Lynn LLC, is requesting approval of a Moratorium Hardship Appeal to allow construction of a warehouse on property located at 2695 W. Sullivan Road.
BACKGROUND:
On September 25, 2025, the City Council approved an 180-day moratorium on data center facilities and warehouses in all zoning districts to allow Staff time to establish zoning regulations for these uses.
As part of the approved ordinance, an applicant may seek an exception from the moratorium pursuant to Section 8 Hardship Appeals Process (see attached ordinance).
To obtain this exception, the applicant must demonstrate by clear evidence that:
i. The effect of the Temporary Moratorium has caused or will cause an economic hardship on the applicant;
ii. The applicant cannot yield a reasonable return on the property if a datacenter or warehouse is not allowed;
iii. The applicant has made substantial investment in the development of a data center or warehouse that is affected by the Temporary Moratorium, which investment was made in reasonable reliance on the regulations in effect prior to the Temporary Moratorium and without knowledge of pending changes in such regulations (including this Temporary Moratorium), and based on a reasonable probability of zoning approval by the City;
iv. The datacenter or warehouse would have been allowed as a matter of right under the pre-existing Zoning Ordinance; and
v. The datacenter or warehouse as proposed complies with all other applicable City ordinances, regulations, and rules.
The Petitioner has submitted the application along with supporting documentation outlining how they believe they meet the hardship criteria necess...
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