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. � �1NUi�ES DF REGULAR COUNCVL FAEET8�6 Page 2 N9�rc3s 27, 6978 2, Ex�cution of the Vacation Resolution; �nd 3. Generai approva! of the nia�i'er by the City At'Forney. __ __ __: . q_ ..: �_ __� r., t,,,..� � n.,naarvs 0 ndustrl es) • . i tiu9ia�ng�rer�nir Lynders revieu+ed paat Counci4 ac��o� as�d Wingert reter�ed Council to 3he recommendatu�ns of the Board of Appeais (3-3-78); noted tfiat after he�r6ng firom ths a$forneys on bc�tls sides of the Issus, the Board agreed R4 was not 3n a posfi4ion to determi�e #he fene I�gal points; 6ased 'a#s reca�mendat9ons on the non-con#ormance and its usa tn 'the girst place; �hreated it as fihe "�nt�nf of fhe iaw" ra'�her than 4o try to interpre�t the "le-tter of the law". Afte� diseusslon, Councii reconsidered its motion of k2/12 which vaes read aloud by Councilma� Crlehfion. it was noted thai�, in review of the reasons, explaEning rhy the proposad otfice addition 6s considered an expansion at a non-con4orming us�, fihe second reeson llsted was not accurate (the f9oor space fo� 'rh�s r�r�dering ptant itself Is expanded fro�n the vacation of the old offbce use, 1n ifs moving to a new bu'sfding; a physica! ex- pansion of fihe fioor space devofiad to the non-conforming use). Cr�chton said fh� quesiion fherefore betore the Council for reconsider- ation is, "as this considered an expar�ston of the non-cpnforming use because there 35 a common lot ahich is oCcupied by the rendering plaa'fi and the ofEice expansdan proposed?" Rttorney iul4y saEd he didn'i teal i�r is necessary #o consider the no�- con�orming use issue; should consider fihe expansion afi the offias, wh6ch 6s a conform3ng use of the Eend. i HanSon dssagreed �lth iuEly°s suggesi'ion; reasonad lhat approving the bui9ding permit for i'h� ofifice expansion wouid be encouraging expansion of �Phe non-conformbng rendering plant use. MJoodburn expressed his sympathy Kith 4he plant, having been annexed, re-zoned, tand it would appear atmosf zoned as it is), and '�hen zoned out as a mat�er of eonvenience and expeCiency; agreed wi?h Nanson thai- by permE�4yfing further improvemen4 on the si-�e (alrea,dy have granted approaal of Gnsfiallation of ant6-pollution equipment) would indicafie approval, 4o some ex#�nt, of fihe op�ra'�ion o# the p0ant. Noted that the "grandfather use" aiea�=,ys meani• fihe usa wouid eventualiy.b� phased out. The iaet that it is a nuisanae has beee� shown -ihrough the years, by the many complain4s received about the planf. Tully argued that this piant couid be phased out eve�i-uafty, but i�he ottice cou9d always b� us�d by som�one else. . Woodburn neted that the office expansibra must be cansldered an �nhanceeneat to th� operat3on of the p3snt; �the� aon3ng ordinance clearfy prohih7�s the expans�on cf a nc�t�-conforming ease. Woodburn moaed tha, Council d6sapprove the applica�ton for a Building P�rmi� (Cage �lo: 1�-48) on fihe bas15 that it is an enhancement and further3ng of fhe pgrandta4hared us�° and in contradlstinctlort fio the orddnaa�ce�::and irnat tia� buiid'srsg, and the ac4ivity encompassed with i�he � btsiidingp are specificai0y disalloaed b� the ordinance. Motion aaas seconded by Hanson and carriad unandmously. � REPORT OF VdLLAGE EN6iNEER -,�C1NAtD CNRISTOFFERSEN �ncC:3 un� eteauesr on worrne�esz w�rer a m�s ov_o��,�,,,�F � 3ohn B�cClung s�8d ae ��d��t�d at the 4'u641c Fiearir�g tha# he favored the Nocthc�esfi k�ater 9¢nprot�emta•r, bu+ since th�n has receivmd dngormetion which tauses Isom io si'ror+gly oppos� it. McCiur�g referred 4o a tax provisoon �hact� eauses hts� to lose fihe ativantages of capi#at gsins tax treafiment for svery d�provdment to the property fnofi held for a�h keasi� 10 yea�sl dorse by iA�an6cipa! bond, ai the -time he selis fihe proporty. McClung aFso noi-sd thet h9s proper'r�+ and fhat of Mr. Dietricho a!!I be subject to an assass�nent for a v�ry lmmrge percentage of fihe cost ot running the 12 inch aatermain �nder neua H6ghw2y i0 and Old HigAway 10, eahich would bring very @i$t0e, if any, ber+o4di' toh'ss properi'ya suggested i'hat the cost $or i'his cross3ng staould De sprsad ovar a!f fhe benefitted properties in the north- aes� ¢OP$�GR of fPae City at th� 4D�Q the over-ali tooping is comp6efied. PoIcC3ung sa�d he°d prefer io put in the v�ater, sewec and streets evith9n hbs deve4o�men4 fi�msaf4. - g -