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TO: ~myor and City Council FRO~Z: City Administrator RE: Nugent Zoning Problem DATE: November 5, 1980 The following is an updated report that is being submitted to you in re- gards to the progress made on the Nugent's animal problem which is in vio- lation of the City Code. The City Attorney met with ~,~. Nugent in late July to discuss a possible solution to this matter. As you will recall, the Council suggested such a meeting based on ~. Nugent's apparent willingness to work towards re- solving the conflict between him and the surrottuding neighbors. At the time of the meeting Mr. Nu~ent advised the City Attorney that he would cooperate to the extent of limiting the number of pigs smd m~ing .cer- tain that the sows had their young ~n October and marketin~%he young in the spring so that the s,~er months would be relatively free of numerous pigs mud the associated problems. To the Nugent's credit, City Hall has received no complaints from the neighbors regarding the problem during the last few months. However, staff has no way of telling whether this means the Nugent's are doing better or the residents have given up. The City Attorney has spoken with Mrs. Rychner who says she wants all of the pigs gone. The Pollution Control~gency advised the City Attorney on November 5, 1980 that they would'be taking no legal action against the Nugents mainly be- cause of the relatively small size. of the operation. One possible solution to the problem would be to require the Nugent's to obtain a conditional use permit and then enter into a contract with them which outlines certain rsstrictions. Even if a conditional use-permit is issued, if a nuisance later turns up, the n~isance could be eliminated by our existing regulations.' In other words, a conditional use permit does not waive the City's nuisance perogative. A conditional use permit pro- cedure could be easily put into the existing ordinance. Such a permit would at least allow all persons to be heard on the issue and in affect give .due process to each person's rights. ~nother solution would be to specifically direct the City Attorney to pro- secute the Nugent's based on the e~sting ordinance. He advises that there may be some problemm with this approach based on the previous o~,mers use of .the property and the possible accusation by the Nugent's that they mre being tmfairly treated as there are other simdlar farm operations in the City. It would seem that the Council's action is to advise staff to proceed on one of the alternatives described above.