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Mr. R¥°~ner! stated he has requested the conditional use permit remain !the=~ame minus the points brought up by the City Attorney. He will not. accept plastics, carclboard, etc.; and It will not be a drop-offlrcenter for recyclables. Mr. Rychner stated the business will De pnlY for processing material and purchasing aluminum and other nonferrous materials. Mr Otto~polnted out the problem is It Is still considered waste uniess !the material Is being processed on site to another product. He felt ~rushlng or shredding Is Just reducing the volume but Is not proo~ssing, 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 procesSe~ 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 updefinitions from four different sources to make his point. Mr. Rych~er explained the process of buying material and melting it down. ~oweYer, If he cannot recycle aluminum, he will have to change the oompany name because the public will not understand lt. Chalrman~Zl~lm~erman 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 ~lte. Mr. Rychner stated he will proceed with the request with the!restrictions being suggested. CommissiOner Deemer questioned the statement that the business abuts a ~esldential zone. He acknowledged the zone abuts a resldent'~a] ~area; however, the lot Itself does not abut a residential-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 centerl]~e of the road. Commissioner Deemer argued In thls case there iS~120 feet between the legally defined edge of the ]or and the residential property on the other side of the road. He felt that Is & legal question that needs to be determined. The Commission proceeded to review the proposed Findings of Fact dated De,etcher 3, 1990. Mr. Otto explained 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 i.also noted the December 4, 1990, letter from the City Attorney and the memorandum from Dale McKusick of the Ramsey Fire Departmer~t on the Issue, plus a copy of the Conditional Use Permit for Danny. s A]umtnum Processing, Inc., for comparsion. CommissiOner Hendrikson stated the Attorney thought the issue of Planning and Zoning Commission/December 6, 1990 Page 3 of 12