pf_02421 - Laserfiche WebLink

Home

9US 'INDUSTRIES . " , TE~..:612-636-1 725 Nov 21.91 14:09 No.015 P.07 - - __.0_- NARRATIVE 21.E A Plua operates a facility at 1430 We8t County Roed C in Roaeville (..the Site") that has becQm~ t.he sUbject of controversy. Residents have co~pla!ned of noise and vibration, and City haa commenced legal proceedinga, clsiming that the activitlea of A Plua are not permitted under the zoning ordinance. The parties have submitted the dispute to mediat1on, and . number of meetinga with the m~d1atQI end concerned residents have been held in an attempt to work Qut 8 r@noult1on of t.he dispute. In order to comply with building and ~on1ng codes to the maximum extent snd t.o settle differences of opinion with respect to t.he applicability of certain codes to the operation of A Plus on the site, A Plus agrees to construct end maintain an eight foot high natural cedar fence along the total diatanee of A Plus's aouth property line. This fence will be constructed of rectangular ona inch by aix inch cedar boards with sufficient sized posta and crosB bracing to wit.hstand normal climate conditions. The boards will be between one inch and four 1nchQ8 from the ground end will have ZQro spacing. This fence will be constructed to normal commercial atandards. The section of the fence adjoining the Koehler/Mulder property ahall be twalve feet high, unless Koehlor and Mulder ahall elect to have that portion of the fence be eight feet high. Since the A PluG property adjo1n~ only 8 portioll of the- Schriefel property, the fence will not be conslr'ucted along the Schriefel property line unless, with the cooperation of the adjoining owner, it can be extended the full length of the Schriefel property line. City_ 'will proce~a e permanent variance for this fence, for the setback of the present A PluB building, for outdoor storage (but materiels stored outdoors will not be atacked higher t.han the fence), and for the parking lot all as shown in Exhibit B. If any of these variances are denied, this agraement ahall, at the option of either A Plus or City, become null and void, but i! any loan haa been made by City to A Plus, such loan shall nevertheless be enforceable against A Plus. Ii a future owner reque6t.~ that the fence be lowared from twelve to eight fee~, it will be lowered but a~ the expense of that {utur~ owner. If the fence 1s lowered, A Plua will not be required to reconatruct the ~ence to twelve feet .~ a future time. A Plu8 will maintain the existing vegetative barrier, and the parking lot will not be eX paDded any closer to the south property line. See attached Mediation Agreement for further detail.