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City Council meeting of January 5, 1998 <br />Page 2 <br />FIRE CHIEF (NOTICE OF POSITION VACANCY) <br />The Council reviewed a Notice of Position Vacancy for the position of Fire Chief. <br />Adoption of the Consent Agenda approved the posting of the Notice and publication in <br />the City's official newspaper. <br />REZONING REQUEST (MUELLNER/HALL) <br />James M. Muellner, representing Muellner Family Limited Partnership, 4821 Washington <br />Avenue, WBL, MN., requested a rezoning of property owned by the Partnership at 15445 <br />Forest Boulevard North, from RB to Industrial. It is the owners' intent to use the <br />property for a small machine shop and woodworking shop. The property consists of <br />approximately 1.8 acres and two buildings. This request was subject to a public hearing <br />before the Planning Commission on December 17, 1997, at which time the PC <br />recommended that the City deny the rezoning request, but recognized that the building has <br />been used for limited manufacturing since the early 1970s, and it should be considered a <br />legal nonconforming use. The Council considered a draft Special Use Permit for the <br />property. Ms. Hall of the Partnership withdrew their rezoning request, and stated <br />agreement with the proposed SUP with a minor insertion to Condition #1. It was the <br />opinion of the City Attorney that the rezoning public hearing would satisfy the SUP public <br />hearing requirement. <br />Leroux made motion, Goiffon seconded, to approve a Special Use Permit for Muellner <br />Family Limited Partnership to use the property located at 15445 Forest Boulevard North <br />for a small machine and woodworking shop. The legal public hearing requirement for the <br />SUP was satisfied by the rezoning public hearing conducted by the Planning Commission <br />on December 17, 1997. Approval is subject to the following special conditions: <br />1. This use of the property is recognized as a lawful, nonconforming use. The buildings <br />on the property may not be enlarged or expanded for any use not in conformance with <br />current City ordinance or amendments thereto. A change to another nonconforming <br />use is not permitted. <br />2. If, for any reason, the use of this property, as allowed by this Permit, is discontinued <br />for a period of twelve (12) consecutive months or longer, this SUP shall expire, and <br />the property shall be brought into conformance with prevailing ordinance. <br />3. If the building is destroyed, or suffers damage exceeding 50% of its value, this SUP <br />shall expire, and the property shall be brought into conformance with prevailing <br />ordinance. <br />4. No more than six (6) persons may be employed on the site during any work shift. <br />5. Hours of operation are limited to between 6:OOAM and 10:OOPM, seven days a week. <br />All aye. Motion Carried. <br />