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Mr. Rychner stated he has requested the conditional use permit remain the same minus the points brought up by the City Attorney. He will not accept plastics, cardboard, etc.; and it will not be a drop-off center for recyclables. Mr. Rychner stated the business wi]] be only for processing material and purchasing aluminum and other nonferrous materials. Mr. Otto pointed out the problem is it is still considered waste unless the material is being processed on site to another product. He felt crushing or shredding is just reducing the volume but is not processing, which is the making of another product. Commissioner LaDue understood the opinion to mean he is able to purchase whatever he wants as long as he melts it down and processes whatever he takes in on site. He disagrees with the Attorney but felt the Commission is bound by that opinion. Commissioner Deemer felt the Attorney was searching by having to look up definitions from four different sources to make his point. Mr. gychner explained the process of buying material and melting it down. However, if he cannot recycle aluminum, he will have to change the company name because the public will not understand it. Chairman Zimmerman explained that for this site, Mr. Rychner has the alternative of leaving his operation as a melting operation, of approaching the Council to change the ordinance, or choose another site. Mr. Rychner stated he will proceed with the request with the restrictions being suggested. Commissioner Deemer questioned the statement that the business abuts a residential zone. He acknowledged the zone abuts a residential area; however, the lot itself does not abut a residential zone because it is separated by a wide highway. The edge of the lot ends at the right-of-way line of the highway. Mr. Otto stated the zones and property lines are determined from the centerline of the road. Commissioner Deemer argued in this case there Is 120 feet between the legally defined edge of the lot and the residential property on the other side of the road. He felt that is a legal question that needs to be determined. The Commission proceeded to review the proposed Findings of Fact dated December 3, 1990. Mr. Otto explained these Findings have been revised since the November 20 meeting assuming there would be no plastics, etc. As proposed, It meets the Solid Waste Management Ordlnance. Throughout the discussion he pointed out the changes between the proposed Findings before the Commission and those that were discussed at the November 20 meeting. Mr. Otto also noted the December 4, 1990, letter from the City Attorney and the memorandum from Dale McKusick of the Ramsey Fire Department on the issue, plus a copy of the Conditional Use Permit for Danny's Aluminum Processing, Inc., for comparsion. Commissioner Hendrikson stated the Attorney thought the Issue of Planning and Zoning Commission/December 6, 1990 Page 3 of 12