2001.07.02 RESO 2001-0026 - Laserfiche WebLink

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Resolution 2001- 26 Page 2 WHEREAS, the Board of Appeals and Adjustments further recommends that the Administrative Order be rescinded. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does find that, based upon the record before it at this time, and based upon the evidence and testimony available to date, there is no evidence before the Council that the slaughtering activities began or were expanded, enlarged or changed after the date of any ordinances which would prohibit or limit that activity. Further, it appears that there is no evidence which would establish the existence or terms of any zoning ordinances governing the property in the late 1950s, 1960s and early 1970s, when the use is claimed to have existed. Therefore, the Council hereby orders that the Administrative Order requiring Mr. Goiffon to cease operation of the slaughterhouse be rescinded based upon the following: 1. The applicant states that he and his family have conducted slaughtering activities on the property since prior to 1962. 2. The property is currently used by Mr. Goiffon for his primary residence and agricultural operations. Additionally, Mr. Goiffon currently leases the slaughtering facility to Meng Yang and Nhia Yang. The improvements and land which serve the slaughtering activities are as follows: a slaughtering pole barn, a finishing shed and hog holding pens. 3. Aerial photographs from 1969 and 1991 show the agricultural buildings located on the property, including the building used for the slaughtering operation. 4. In 1971, the Village of Hugo merged with Oneka Township and became the Village of Hugo. 5. In 1975, the Village of Hugo adopted a new zoning ordinance. Prior to 1975, it appears that the Village of Hugo used the old Oneka Township zoning ordinance. City staff was unable to locate the former Township ordinance. In addition to checking City records, staff contacted Marvin LaValle who was on the Village Council at the time the village merged with the township. Mr. LaValle checked his personal records and was unable to locate a copy of the ordinance. However, Mr. LaValle stated that he believed that the ordinance did not specifically address slaughterhouse operations. Staff also asked former Mayor Walter Stoltzman if he had a copy of the previous township ordinances. Mr. Stoltzman responded that he did not have a copy of the ordinance. Mr. Stoltzman indicated that the township may have never officially adopted a zoning ordinance. Lastly, City staff contacted Washington County to inquire whether or not the County had copies of any previous township or City ordinances. The County responded that they did not have any township or city ordinances. 6. At this time, the City Council has no record of Ordinances pre -dating 1975 which would prohibit or limit the slaughtering activities on the parcel.