Agenda - Parks and Recreation Commission - 01/10/1991

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Mr. Ry¢~ne~ stated he has requeste~ the conditional use permit remain ~he same minus the points brought up by the City Attorney. He wi))~not accept plastics, carct~oarU, etc.; and It will not be a Urop-o(~ center for recy¢lables. Mr. Rychner stated the business will be .onl.y (or processing material and purchasing aluminum and other nOnferrous materials. Mr Otto. pointed out the problem Is it is still considered waste uniess~the material Is being processed on site to another product. He felt ~rughlng or shredding Is just reducing the volume but is not prooemsilng, which Is the making of another product. CommisSlbner LaDue understood the opinion to mean he Is able to purchame~whatever he wants as long as he melts It ~own anO procesaee Whatever he takes In on site. He disagrees with the Attorney!but felt the Commission Is bound by that opinion. CommlsSl~neK Deemer felt the Attorney was searching by having to look up definitions from four different sources to make his point. Mr. Rych~er explained the process of buying materlal an~ melting It down. H~wever, If he cannot recycle aluminum, he will have to change the oompany name because the public wi11 not understand lt. Chalrman,~21r~nerman explained that for this site, Mr. Rychner has the alternative of leaving his operation as a melting operation, of apprO&chlng the Council to change the ordinance, or choose another ~Ite. Mr. Rychner stated he will proceed with the request with theireStrictlons being suggested. Commissioner Deemer guestlone~ the statement that the business abuts a ~esldentla] zone. He acknowledged the zone abuts a residential area; however, the lot itself does not abut a resldentla] ~zone because it Is separated by a wide highway. The edge of ~he lot ends at the right-of-way line of the highway. Mr. Otto sta{ed the zones and property lines are determined from the center]l~e of the roa~. Commissioner Deemer argued In this case there isil20 feet between the legally ~eflned e~ge of the lot and the residential property on the other si~e of the roa~. He felt that is a legal question that needs to be ~etermlned. The Comm~.ssion proceeded to review the proposed Findings of Fact dated DedemDer 3, 1990. Mr. Otto explalned these Findings have been revised since the November 20 meeting assuming there would be no p]astl~cs, etc. As proposed, it meets the Solid Waste Management Ordinance. Throughout the discussion he pointed out the changes between the proposed Findings before the Commission and those that were disdussed 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 Departmen~ on the issue, plus a copy of the Conditional Use Permit for DannY's Aluminum Processing, Inc., for compars]on. Commissioner Hendrikson stated the Attorney thought the issue of P]anning and Zoning Commission/December 6, 1990 Page 3 of 12