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r <br />Planning Commission Minutes <br />February 28, 1995 <br />Page 8 <br />2. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD <br />DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE <br />SAME NEIGHBORHOOD DUE TO THE FACT THAT A PRECEDENT HAS BEEN <br />ESTABLISHED IN THIS NEIGHBORHOOD FOR NON CONFORMING SETBACKS. <br />THEREFORE, THIS PROPOSAL WOULD NOT BE OUT OF CHARACTER FOR THE <br />NEIGHBORHOOD. <br />3. THE EXISTING HOME WAS CONSTRUCTED IN 1929 WHEN DIFFERENT SETBACK <br />STANDARDS, IF ANY, APPLIED. THE APPLICANT HAD NO CONTROL OVER <br />WHERE THE EXISTING HOME WAS LOCATED. IT IS DIFFICULT TO RETROFIT A <br />HOME BUILT IN 1929. TO MEET THE EXISTING SETBACK STANDARDS. <br />4. THE VARIANCE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, AND <br />WELFARE OF THE NEIGHBORHOOD AND IS KEEPING WITH THE SPIRIT AND <br />INTENT OF THE ORDINANCE. <br />• <br />COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br />5.3. Dick Hetland Reauesf for Rezoning firom C3 f Highway Commercial) to I-1 (Licht <br />Industrial), Public''Hear7ng Case No ZC''95-01 <br />5.4. Dick Hetland Reauesf for Cand Use Amendment for HB (Highway .Business} to LI <br />>~ (Licht lndustriall, Publie'Hearing £ase No. LUA 95-01 <br />~c 5.5. Dick Hetland Reauesf for Conditional Use Permit,. CU 95-02 <br />Staff report by Gary Schmitz. Mr. Hetland is requesting a zone change, land use <br />plan amendment and conditional use permit to facilitate a recycling center at <br />16501 Highway 10. The recycling center will operate as a redemption center for a <br />variety of metals. Three separate users are currently located at the site; Kober <br />Excavation, JR Tech Automotive, and Marigold Trucking. JR Tech automotive will <br />be moving to the new auto mall and Mr. Hetland would operate the space <br />vacated JR Tech. <br />Gary explained that the zoning ordinance does not provide a definition for a <br />recycling center and is addressed only as recycling of metals in the junkyard <br />definition. Staff suggests the Planning Commission and City Council consider an <br />ordinance amendment which would define "recycling center" and add <br />recycling centers as a conditional use in the I-1 and I-2 zoning districts. Gary <br />explained that the zone change would be a logical extension of the 1-1 zoning. <br />He explained that it may be difficult to attract quality C3 users with the close <br />proximity of the NSP RDF plant. <br />Gary noted that there would be no outside storage, but that the applicant <br />requested the ability to store trailers near the rear of the facility which will be used <br />off-site to collect materials. <br />Gary Schmitz added that the land use is currently split, with part of the property <br />being light industrial and part highway commercial. <br />• <br />