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have the amount of vehicles and storage on-site as they do now. The traffic of the business has significantly increased, creating issues with the building. He expressed concern with the front of the building, which is on Unity. The address on the sign for Marshall Concrete is 6100 Industry Avenue. He questioned which is the main operating access. He explained there are issues with the existing silos, with one being a number of clouds emit from the poured cement, and may increase with a second silo. He said the business was purchased from Amcom, and prior to Amcom, another concrete business operated in this spot. He said he was aware of the concrete operations before he moved in. Community Development Director Frolik distributed copies of two letters from nearby business owners. She explained this is a nonconforming use because it was established before industrial uses were delineated and it therefore has "grandfather rights". Chairperson Nixt stated this property has been considered for health and safety issues in the past, and clarified this issue was specifically for the height variance. John Thompson, representative for Marshall Concrete, explained no one will be at the top of the silo, unless there is a problem with the dust collector. Motion by Chairperson Nixt, seconded by Board Member Kociscak, to close the public hearing. Motion carried. Voting Yes: Chairperson Nixt, Board Members Kociscak, Brauer, and Reeve. Voting No: None. Absent: Board Members Johnson, Sweet, and Watson. The public hearing closed at 8:53 p.m. Board Business Chairperson Nixt called the Board of Adjustment meeting back to order at 8:53 p.m. Community Development Director Frolik reiterated this business is a lawful nonconforming use. There is no conditional use permit since it is a preexisting operation and is "grandfathered" in. Motion by Board Member Kociscak, seconded by Board Member Brauer, to adopt Resolution #02-06-138 adopting Findings of Fact #0619 favorable to the applicant relating to a request by Marshall Concrete for a variance to the 35 foot height restriction. Motion carried. Voting Yes: Chairperson Nixt, Board Members Kociscak, Brauer, and Reeve. Voting No: None. Absent: Board Members Johnson, Sweet, and Watson. Motion by Board Member Kociscak, seconded by Board Member Brauer, to approve a variance to height restrictions for the proposed silo at Marshall Concrete and adopt Resolution #02-06-139 declaring terms of same. Board of Adjustment/June 6, 2002 Page 14 of 15